Teasdale v General Osteopathic Council

Teasdale v General Osteopathic Council

The PCC's findings of UPC regarding communication and consent were fundamentally flawed due to inadequate fact-finding and reasoning; only the finding regarding aftercare advice to Baby C's mother was justified. The sanction of a 12-month conditions of practice order was excessive given the isolated nature of the proven misconduct, and admonishment was substituted.

Parties
Claimant: Katy Teasdale; Defendant: General Osteopathic Council
Jurisdiction
England and Wales
Judgment Date
04 July 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
Unacceptable Professional Conduct, Consent in Healthcare, Sanctions in Professional Regulation, Appeals Procedure
Professional Discipline Administrative Law Unacceptable Professional Conduct Consent in Healthcare Sanctions in Professional Regulation Appeals Procedure

Case Brief

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Parties

Katy Teasdale

Claimant

General Osteopathic Council

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Professional Conduct Committee (PCC) erred in finding the Registrant guilty of unacceptable professional conduct (UPC) regarding communication, consent, and aftercare
  2. 2 Whether the sanction imposed (12-month conditions of practice order) was excessive

Ratio Decidendi

The PCC's findings of UPC regarding communication and consent were fundamentally flawed due to inadequate fact-finding and reasoning; only the finding regarding aftercare advice to Baby C's mother was justified. The sanction of a 12-month conditions of practice order was excessive given the isolated nature of the proven misconduct, and admonishment was substituted.

Court Disposition

Appeal allowed in part

Orders

  • Findings of UPC regarding communication and consent quashed
  • Finding of UPC regarding aftercare advice to Baby C's mother upheld