Health Professions Council, R (on the application of) v Gale

Health Professions Council, R (on the application of) v Gale

The Council has discharged the burden of proof for extension of the interim suspension order. The allegations are serious and, if true, present a risk to the public. The evidence and delay have been adequately explained, and the prejudice to Mr Gale is outweighed by the need for public protection. An extension of six months is appropriate.

Parties
Claimant: Health Professions Council; Defendant: Hirsh Derek Gale
Jurisdiction
England and Wales
Judgment Date
15 December 2008
Procedural Posture
Judicial Review Application / Application for Extension of Interim Suspension Order
Outcome
application granted
Legal Topics
Interim Suspension, Fitness to Practise, Public Protection, Delay in Proceedings
Administrative Law Professional Regulation Interim Suspension Fitness to Practise Public Protection Delay in Proceedings

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Parties

Health Professions Council

Claimant

Hirsh Derek Gale

Defendant

Procedural Posture

Judicial Review Application / Application for Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether the interim suspension order against Mr Gale should be extended under paragraph 31(9) of the Health Professions Order 2001
  2. 2 Whether the Council has satisfied the criteria for extension, including seriousness of allegations, evidence, risk to the public, delay, and prejudice to the practitioner

Ratio Decidendi

The Council has discharged the burden of proof for extension of the interim suspension order. The allegations are serious and, if true, present a risk to the public. The evidence and delay have been adequately explained, and the prejudice to Mr Gale is outweighed by the need for public protection. An extension of six months is appropriate.

Court Disposition

application granted

Orders

  • Extension of the interim suspension order against Mr Gale for six months from the date of expiry of the current order.