Council for the Regulation of Health Care Professionals v General Medical Council & Anor

Council for the Regulation of Health Care Professionals v General Medical Council & Anor

The Panel erred in law by applying the criminal standard of proof to the question of whether the proved facts amounted to serious professional misconduct, which is a matter of judgment. This misdirection constituted a failure of process requiring the Panel's decision to be quashed and the matter remitted for redetermination. The appeal succeeded on this ground alone; other grounds were rejected.

Parties
Claimant: Council for the Regulation of Health Care Professionals (now Council for Health Care Regulatory Excellence); First Respondent: General Medical Council; Second Respondent: Dr Tarun Kumar Biswas
Jurisdiction
England and Wales
Judgment Date
26 January 2006
Procedural Posture
Appeal / Judgment on Appeal From Fitness to Practice Panel Decision
Outcome
Appeal allowed; Panel's decision quashed; matter remitted for redetermination; costs apportioned as specified.
Legal Topics
Serious Professional Misconduct, Standard of Proof, Remittal, Costs, Medical Negligence
Administrative Law Professional Discipline Medical Law Serious Professional Misconduct Standard of Proof Remittal Costs Medical Negligence

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Parties

Council for the Regulation of Health Care Professionals (now Council for Health Care Regulatory Excellence)

Claimant

General Medical Council

First Respondent

Dr Tarun Kumar Biswas

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Fitness to Practice Panel Decision

Legal Issues

  1. 1 Whether the Fitness to Practice Panel applied the correct legal standard in determining serious professional misconduct
  2. 2 Whether the Panel's decision should be quashed and remitted due to legal misdirection
  3. 3 Whether other alleged errors by the Panel warranted appellate intervention

Ratio Decidendi

The Panel erred in law by applying the criminal standard of proof to the question of whether the proved facts amounted to serious professional misconduct, which is a matter of judgment. This misdirection constituted a failure of process requiring the Panel's decision to be quashed and the matter remitted for redetermination. The appeal succeeded on this ground alone; other grounds were rejected.

Court Disposition

Appeal allowed; Panel's decision quashed; matter remitted for redetermination; costs apportioned as specified.

Orders

  • The decision of the Fitness to Practice Panel dated 15 July 2005 is quashed.
  • The matter is remitted to the Panel to determine afresh whether the admitted and proved charges constitute serious professional misconduct, applying the correct legal standard.