General Medical Council v Webberley [2021] EWHC 3620 (Admin) (06 December 2021)

General Medical Council v Webberley [2021] EWHC 3620 (Admin) (06 December 2021)

A further extension of Dr Webberley's interim suspension is justified due to the seriousness of the live allegations and the risks identified, but only for a strictly limited period of three months, given the unjustifiable delay in the regulatory process and the need for proportionality. Undertakings offered by the...

Source-derived case information.

Citation
[2021] EWHC 3620 (Admin)
Parties
Claimant: General Medical Council; Defendant: Helen Webberley
Jurisdiction
England and Wales
Judgment Date
06 December 2021
Procedural Posture
Application to Extend Interim Suspension Order / High Court Hearing on Extension of Interim Suspension
Outcome
Application granted in part
Legal Topics
Interim Suspension Orders, Fitness to Practise, Proportionality of Regulatory Action, Delay in Regulatory Proceedings, Duty of Candour
Administrative Law Professional Regulation Medical Law Interim Suspension Orders Fitness to Practise Proportionality of Regulatory Action Delay in Regulatory Proceedings Duty of Candour

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Parties

General Medical Council

Claimant

Helen Webberley

Defendant

Procedural Posture

Application to Extend Interim Suspension Order / High Court Hearing on Extension of Interim Suspension

Legal Issues

  1. 1 Whether an extension of the interim suspension order against Dr Webberley is justified and proportionate under s.41A Medical Act 1983
  2. 2 Whether undertakings offered by the defendant are a workable alternative to suspension
  3. 3 Whether delay in regulatory proceedings affects the justification for continued suspension

Ratio Decidendi

A further extension of Dr Webberley's interim suspension is justified due to the seriousness of the live allegations and the risks identified, but only for a strictly limited period of three months, given the unjustifiable delay in the regulatory process and the need for proportionality. Undertakings offered by the defendant are not a workable or enforceable alternative to suspension in this context.

Court Disposition

Application granted in part

Orders

  • Interim suspension of Dr Webberley's registration extended for three months from the date of judgment, not the eight months sought by the GMC.
  • Reasons for limiting the extension to three months to be considered by any future tribunal or court considering further sanction.