Beard v General Osteopathic Council [2019] EWHC 1561 (Admin) (24 June 2019)

Beard v General Osteopathic Council [2019] EWHC 1561 (Admin) (24 June 2019)

The questioning by Ms Neville and the chairman, though robust and at times distressing to Ms Beard, did not cross the threshold of rendering the proceedings unfair or unjust due to serious procedural or other irregularity. The committee's inquisitorial function justified searching questions, and the absence of objection from legal representatives and the legal assessor at the time supports the conclusion that the hearing was fair. The appeal is dismissed.

Citation
[2019] EWHC 1561 (Admin)
Parties
Appellant: Allison Beard; Respondent: General Osteopathic Council
Jurisdiction
England and Wales
Judgment Date
24 June 2019
Procedural Posture
Statutory Appeal Under Osteopaths Act 1993 / High Court Appeal From Professional Conduct Committee Decision
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Apparent Bias, Unacceptable Professional Conduct, Recusal of Tribunal Members
Professional Discipline Administrative Law Procedural Fairness Apparent Bias Unacceptable Professional Conduct Recusal of Tribunal Members

Case Brief

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Parties

Allison Beard

Appellant

General Osteopathic Council

Respondent

Procedural Posture

Statutory Appeal Under Osteopaths Act 1993 / High Court Appeal From Professional Conduct Committee Decision

Legal Issues

  1. 1 Whether questioning by committee members rendered the proceedings unfair
  2. 2 Whether the application to recuse Ms Neville or the committee should have been granted
  3. 3 Whether the committee's decision was unjust due to serious procedural or other irregularity

Ratio Decidendi

The questioning by Ms Neville and the chairman, though robust and at times distressing to Ms Beard, did not cross the threshold of rendering the proceedings unfair or unjust due to serious procedural or other irregularity. The committee's inquisitorial function justified searching questions, and the absence of objection from legal representatives and the legal assessor at the time supports the conclusion that the hearing was fair. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Professional Conduct Committee is upheld.
  • The conditions of practice order imposed on Ms Beard stands.