Moody v General Osteopathic Council

Moody v General Osteopathic Council

Given the wholly exceptional circumstances, the consensual nature of the relationship, the absence of any inappropriate conduct with other patients, and the appellant's long, unblemished record, the imposition of a conditions of practice order was clearly wrong and disproportionate; the appropriate penalty was an admonishment.

Parties
Claimant: Donald Moody; Defendant: General Osteopathic Council
Jurisdiction
England and Wales
Judgment Date
05 April 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Osteopathy, Professional Misconduct, Appeals, Sanctions
Professional Discipline Health Law Osteopathy Professional Misconduct Appeals Sanctions

Case Brief

Summary, issues, holding and outcome

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Parties

Donald Moody

Claimant

General Osteopathic Council

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the penalty imposed by the Professional Conduct Committee was appropriate in the circumstances of the admitted misconduct
  2. 2 Whether the imposition of a conditions of practice order was justified or excessive

Ratio Decidendi

Given the wholly exceptional circumstances, the consensual nature of the relationship, the absence of any inappropriate conduct with other patients, and the appellant's long, unblemished record, the imposition of a conditions of practice order was clearly wrong and disproportionate; the appropriate penalty was an admonishment.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The conditions of practice order is quashed and substituted with an admonishment.