Regulatory proceedings – a team of experts to defend you 

Our team of experienced regulatory defence lawyers defends individuals before numerous regulators, including the General Medical Council (GMC) / Medical Practitioners Tribunal Service (MPTS), the General Dental Council (GDC), Institute and Faculty of Actuaries (IFoA), Nursing and Midwifery Council (NMC), Health and Care Professions Council (HCPC), General Osteopathic Council (GOsC) and others. Our reputation in this field has primarily been built on the extensive experience of our regulatory defence lawyers acting on behalf of healthcare professionals before the MPTS/GMC and GDC.  The majority of the case law which has developed in this field, and applies across all regulators, not just those in healthcare, has come from MPTS/GMC (and GDC) cases, making us perfectly-placed to defend any individual in any regulatory matter.

We are consistently recognised in Chambers UK and Legal 500 as a leader in professional discipline and it is in this field in particular that we have built our reputation. Most of the regulatory defence lawyers in the firm are regularly involved in a breadth of regulatory defence cases and some members of the team have been defending clients in regulatory matters for 20-30 years.

Our regulatory and crime team members have been involved over the years in a number of the largest and highest-profile MPTS/GMC cases, including those arising from issues surrounding the MMR vaccination; the major case arising from paediatric cardiac surgery at Bristol Royal Infirmary; and another involving breast screening in Devon. We have been involved on behalf of our clients in a number of appeals and challenges of regulatory decisions to the High Court and some of those cases feature in the law reports. Both Simon Eastwood and Adam Smith have been invited to speak at annual regulatory and disciplinary conferences.

Whether you are a healthcare professional, teacher, barrister, sporting professional, accountant, or any other professional subject to a regulator, we can advise and assist you at all stages of a regulatory investigation.  The importance of seeking early advice when you first hear from your regulator cannot be understated. Often the initial written response will shape the remainder of the investigation and, whether that investigation concludes at an early stage or proceeds to a hearing, what is said in the initial response is likely to be crucial. We can advise and assist you with that and submit written representations on your behalf.

In the event that your regulator seeks to restrict your registration on an interim basis whilst its investigation is ongoing, a number of our lawyers are experienced in conducting the advocacy at interim orders hearings on behalf of clients. If it comes to a final substantive hearing, from hearings lasting one day to hearings of many months, we have a wealth of experience of conducting such hearings, working in conjunction with highly-experienced counsel who are regarded as leaders in this specialist field.

We also have significant experience advising clients in regard to proposed disclosures within DBS enhanced disclosure certificates, making representations on behalf of those clients with a view to minimising or eradicating any disclosure.  We also have experience of challenging such disclosures by way of judicial review. Again, such disclosures can have a significant impact on a professional career and we can assist you to achieve the best possible outcome.

Regulatory proceedings can extend over a long period of time and can be very stressful, given what is at stake in regard to an individual’s career. We understand that, and our years of experience mean that we are ideally-positioned not only to give you legal advice and assist you with the process, but to provide you with the necessary support throughout any regulatory investigation.

 

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  • Legal 500 2022
    “The tireless and very clever Katherine Sheldrick is highly recommended for any person facing professional discipline proceedings, and has been a first choice for many for several years.”
  • Legal 500 2022
    “Katherine Sheldrick is outstanding; a master of the fine detail.”
  • Legal 500 2022
    “‘Hempsons’ team is committed to its clients, hardworking, knowledgeable, and empathetic to clients’ needs.”
  • Legal 500 2022
    “Simon Eastwood is the best money can buy. He has both a criminal and regulatory background. He takes on the pressure of his clients for them. He is a masterclass in calm.”
  • Legal 500 2022
    “Tania Francis is a qualified doctor and brings an invaluable perspective to any defence team.”