Sayer v General Osteopathic Council [2021] EWHC 370 (Admin) (24 February 2021)

Sayer v General Osteopathic Council [2021] EWHC 370 (Admin) (24 February 2021)

The Committee was entitled to find, on the evidence, that the practitioner-patient relationship persisted at the time the personal relationship began, that the conduct was sexually motivated and amounted to unacceptable professional conduct, and that a six-month suspension was an appropriate and proportionate sanction given the seriousness of the breaches and the need to maintain public confidence in the profession.

Citation
[2021] EWHC 370 (Admin)
Parties
Appellant: Benjamin Sayer; Respondent: General Osteopathic Council
Jurisdiction
England and Wales
Judgment Date
24 February 2021
Procedural Posture
Statutory Appeal From Professional Conduct Committee Decision / High Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Unacceptable Professional Conduct, Sexual Misconduct, Professional Boundaries, Sanctions in Healthcare Regulation, Appeals From Regulatory Decisions
Professional Discipline Administrative Law Health Law Unacceptable Professional Conduct Sexual Misconduct Professional Boundaries Sanctions in Healthcare Regulation Appeals From Regulatory Decisions

Case Brief

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Parties

Benjamin Sayer

Appellant

General Osteopathic Council

Respondent

Procedural Posture

Statutory Appeal From Professional Conduct Committee Decision / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the Professional Conduct Committee erred in finding that the practitioner-patient relationship persisted at the time of the personal relationship
  2. 2 Whether the findings of sexual motivation and unacceptable professional conduct were justified
  3. 3 Whether the sanction of suspension was appropriate and proportionate

Ratio Decidendi

The Committee was entitled to find, on the evidence, that the practitioner-patient relationship persisted at the time the personal relationship began, that the conduct was sexually motivated and amounted to unacceptable professional conduct, and that a six-month suspension was an appropriate and proportionate sanction given the seriousness of the breaches and the need to maintain public confidence in the profession.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Committee's findings and sanction of six months' suspension are upheld.