Low, R (on the application of) v General Osteopathic Council [2007] EWHC 2839 (Admin) (15 November 2007)

Low, R (on the application of) v General Osteopathic Council [2007] EWHC 2839 (Admin) (15 November 2007)

Given the seriousness and deliberate nature of the appellant's criminal conduct involving indecent images of children, and the need to maintain public confidence in the osteopathic profession, the only appropriate and proportionate sanction was removal from the Register. Lesser sanctions such as conditions of practice or suspension would be inadequate and unworkable in maintaining public trust.

Citation
[2007] EWHC 2839 (Admin)
Parties
Claimant: Low; Defendant: General Osteopathic Council
Jurisdiction
England and Wales
Judgment Date
15 November 2007
Procedural Posture
Statutory Appeal (professional Disciplinary) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Sanctions for Professional Misconduct, Proportionality of Disciplinary Measures, Protection of Public Confidence in Professions, Sexual Offences and Professional Regulation
Professional Discipline Administrative Law Criminal Law Sanctions for Professional Misconduct Proportionality of Disciplinary Measures Protection of Public Confidence in Professions Sexual Offences and Professional Regulation

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Parties

Low

Claimant

General Osteopathic Council

Defendant

Procedural Posture

Statutory Appeal (professional Disciplinary) / Appeal Judgment

Legal Issues

  1. 1 Whether removal from the Register was a proportionate and necessary sanction for the appellant's admitted criminal conduct involving indecent images of children
  2. 2 Whether the Professional Conduct Committee failed to properly consider lesser sanctions such as conditions of practice or suspension

Ratio Decidendi

Given the seriousness and deliberate nature of the appellant's criminal conduct involving indecent images of children, and the need to maintain public confidence in the osteopathic profession, the only appropriate and proportionate sanction was removal from the Register. Lesser sanctions such as conditions of practice or suspension would be inadequate and unworkable in maintaining public trust.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay respondent's costs summarily assessed at £800