Saunders v The Hearing Aid Council

Saunders v The Hearing Aid Council

The Committee's finding of a sustained course of conduct was not supported by the evidence, insufficient weight was given to mitigating factors, and the sanction of erasure was disproportionate. Suspension for 6 months was a proportionate response. The costs order was excessive and is quashed.

Parties
Claimant: Jason Lee Saunders; Defendant: The Hearing Aid Council
Jurisdiction
England and Wales
Judgment Date
29 March 2010
Procedural Posture
Statutory Appeal / Judgment After Appeal Hearing
Outcome
Appeal allowed in part
Legal Topics
Sanctions for Professional Misconduct, Costs in Disciplinary Proceedings, Proportionality of Sanction
Professional Discipline Administrative Law Sanctions for Professional Misconduct Costs in Disciplinary Proceedings Proportionality of Sanction

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Parties

Jason Lee Saunders

Claimant

The Hearing Aid Council

Defendant

Procedural Posture

Statutory Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 Whether the sanction of erasure was disproportionate to the misconduct
  2. 2 Whether the costs order was excessive or wrong

Ratio Decidendi

The Committee's finding of a sustained course of conduct was not supported by the evidence, insufficient weight was given to mitigating factors, and the sanction of erasure was disproportionate. Suspension for 6 months was a proportionate response. The costs order was excessive and is quashed.

Court Disposition

Appeal allowed in part

Orders

  • Order of erasure quashed
  • 6 months suspension substituted