Alexander Ruck Keene considers the role of human rights in the regulation of care professionals
One of the thornier questions in the regulation of care professionals is how to strike the balance between the interest of the public and the interests of the professional when allegations of misconduct are made. Most regulatory regimes provide for suspension on an interim basis while allegations are investigated. Two recent cases have cast light on the operation of those governing two of the most important categories of care professional: doctors and care workers.
MALIK
The first is R (on the application of Malik) v Waltham Forest NHS Primary Care Trust (Secretary of State for Health, interested party)
[2007] EWCA Civ 265, [2007] 4 All ER 832. Dr Malik was a general practitioner providing services to Waltham Forest NHS Primary Care Trust (PCT). He was required by statute to be on a performers’ list maintained by the PCT. He was suspended on full pay in circumstances which Mr Justice Collins found to have been unlawful
