Professional Law

Hylton-Potts - London Based Law Firm Helping People Across the UK since 1999

GDC Law

GDC Fixed Fee
Application to GDC for registration: £1595 including VAT

Rodney Hylton-Potts has many years experience in representing and advising dental professionals, including students at GDC hearings. He represents dentists, and dental nurses and students, at each stage of the Complaints Procedure and has been highly successful in having suspensions revoked and conditions minimised.

Hylton-Potts specialises in making representations to the panels following the refusal of registration due to misconduct and Assistant registrar appeals panel.

We can help you in any part of the United Kingdom. England, Scotland, Wales or Northern Ireland

General Dental Council Hearings

The General Dental Council GDC investigates complaints against dentists, and dental students and has powers to hold disciplinary hearings. The disciplinary committees may strike a practitioner off the register or impose lesser sanctions.

Hylton-Potts represent dentists, and dental students and nurses at GDC interim suspension hearings, at GDC final conduct and competence hearings, and at GDC restoration hearings.

Hylton-Potts advise on evidence and all dentist, dental students and dental nurse GDC fitness to practice issues.

He can advice on tactics where a registrant’s fitness to practice is found to be impaired, or if they are found guilty of serious professional misconduct.

He is renowned as a fighter and a good man to have on your side.

Call 020 7381 8111 or email law@hylton-potts.com for further details on how we can help you fight your GDC case.

GMC Law

GMC Fixed Fee
Application to GMC for registration: £1595 including VAT

Rodney Hylton-Potts has many years experience in representing and advising medical professionals, including students at GMC hearings. He represents doctor  and students, at each stage of the Complaints Procedure and has been highly successful in having suspensions revoked and conditions minimised.

Hylton-Potts specialises in making representations to the panels following the refusal of registration due to misconduct and Assistant registrar appeals panel.

Contact us if you feel you have been unfairly marked, or given a fail in any examination, including Royal College of Surgeons.

We can help with problems affecting the Royal College of Paediatrics and Child Health –   and the Irish medical Council https://www.medicalcouncil.ie.

We can help with applications for Certificate of Completion of Training (CCT) and Certificate confirming Eligibility for Specialist Registration (CESR)

We can help you in any part of the United Kingdom. England, Scotland, Wales or Northern Ireland

Medical Misconduct Lawyer

Rodney Hylton-Potts is highly experienced in defending doctors, and medical students in GMC proceedings. He has a high success rate in obtaining the very best possible result for doctors, a medical students, in IOP and Fitness to Practice hearings, professional conduct, competence and ill health suspension hearings. He has significant expertise in defending doctors in medical and clinical negligence cases. He can advice on GMC law and procedure, the Medical Act 1983 and GMC Conduct and Health rules.

Hylton-Potts specialises in making representations to the panels following the refusal of registration due to misconduct and Assistant registrar appeals panel.

Top Defence Lawyer for doctors

We are not doctors, but know that the impact of our legal work can be as important and life changing as that of a surgeon.

We are informal and approachable, but deadly serious about helping you, just like a top surgeon.

He fights for his clients. Call for a free consultation and advice in relation to any GMC matter. What have you got to lose?

Registration with the General Medical Council or General Dental Council

If you are having difficulties with your registration with the General Medical Council or General Dental Council we can help. We have a very successful track record, in helping clients with registrations and successful appeals. Consult the experts.

Call us on 020 7381 8111 or email law@hylton-potts.com and see how we can help you defend your case concerning the General Medical Council laws.

Help with NHS and other Employer Disciplinary Procedures

A Court of Appeal ruling against an NHS trust illustrates the complexity and legal implications, of public sector disciplinary procedures, and should act as a warning to employers to tread carefully.

It was the second time that the claimant in Mezey v South West London Mental Health NHS Trust went to the Court of Appeal to challenge the way in which her employer was conducting disciplinary proceedings against her. And for the second time she was successful in obtaining an injunction

Dr Mezey was employed by the trust as a consultant forensic psychiatrist and also undertook academic duties at its medical school. In September 2004, one of her patients absconded from a medium-secure mental health unit, having been granted unescorted leave to a hospital garden area. The following day he attacked and killed a stranger in Richmond Park.

Following two internal inquiries conducted by the trust into Dr Mezey’s role in this matter, the trust decided to proceed to a formal disciplinary hearing.

The patient was convicted of manslaughter, following which a further inquiry was commissioned in accordance with Department of Health guidelines. This third report was delivered in October 2006. The trust then suspended Dr Mezey from all her duties, including her academic duties. Dr Mezey obtained an injunction restraining the trust from suspending her, having given a voluntary undertaking not to carry out clinical duties pending a further investigation that was due to be carried out by a panel.

No serious fault

The report was supportive of many aspects of Dr Mezey’s treatment of her patient. It found her to be a highly experienced, conscientious and distinguished clinician and academic who was widely regarded as an asset to her profession. However, it also found that the decision to allow the patient unescorted leave was inappropriate, even though it was satisfied that other competent consultants at the time might have made the same decision. It was clear that this did not amount to serious professional incompetence. It concluded that no serious fault had been proven.

Despite this, the trust attempted to set up a formal disciplinary hearing to consider whether or not any disciplinary action should be taken against Dr Mezey, up to and including dismissal. This led Dr Mezey to commence further proceedings against the trust to prevent it from holding a disciplinary hearing and from continuing to exclude her from clinical work.

This caused the trust to reconsider its position. It agreed to lift Dr Mezey’s exclusion from clinical work. Further, it indicated that dismissal would be excluded from the potential outcomes, meaning they would be restricted to various warnings and reprimands. However, its stance remained that it wished to convene a disciplinary hearing to consider the report and the possibility of a warning or reprimand.

The Court of Appeal, found that in the relevant circumstances there was simply no basis for the trust to continue its disciplinary procedure and hold a disciplinary hearing.

Complex procedures

This is a reminder of the complexity of the contractual disciplinary procedures that apply to employment in many parts of the public sector, not only the NHS, and the potential legal consequences if they are not followed properly. In light of failures by the trust to follow the applicable contractual procedures, Dr Mezey was twice successful in obtaining an injunction relief from the Court of Appeal: first in relation to her suspension, and second in relation to the continuation of internal disciplinary proceedings.

This case, like recent cases examining if and when employees are entitled to legal representation in disciplinary proceedings, illustrates how careful public sector employers need to be in disciplinary cases.

We can turn this to your advantage. You are not alone.

“Thank you for everything you have done for me. Your excellent and highly professional performance in front of GMC yesterday really saved my license. And that has been fully appreciated by both my wife and me.

 

And yes, I will contact you in future since I intend to come to this beautiful country and open up my GP office. I will then need advice from a lawyer and I will contact you. Please take care of you and your health so that we can collaborate in future as well.”

UKFPO

We can also help with problems before the The Health and Care Professions Council (HCPC) and are experts at helping social workers and other health professionals, such as members of the British Psychological Society.

We are experts in dealing with problems and appeals with UKFPO, (United Kingdom Foundation Program Office) and have an excellent track of success.

We can advise and handle appeals from a refusal by the UKFPO to award eligibility to apply a Foundation Programme. through the National application process. We can do this for a fixed fee of £1395 including VAT

UK NARIC

We can advise on all issues arising with NARIC

UK NARIC (United Kingdom National Academic Recognition Information Centre) is the National Agency responsible for providing rulings on qualifications worldwide.
They deal with those coming to the UK to work who hold international qualifications. This can be important for doctors and dentists who seek registration in the UK. If you need to make an application to this agency, we can help at competitive fixed fees.

For individuals do you want to study, work, or settle in the UK? We can help you.

We deal with primary care NHS applications.

Solicitors and Trainee Solicitors

We also advise Solicitors and Trainee Solicitors on problems with the Solicitors Regulatory Authority and the Law Society, and a trainee barristers in relation to the Bar Council.

In particular we advise on the impact upon their professional standing or prospects, arising from difficulties in their personal lives, such as a conviction for driving over the “breathalyser” limit, drug use or a Police caution arising out of a personal relationship.

Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 or email law@hylton-potts.com.

We advise and help Chartered Psychologist, Chartered Scientist and Associate Fellow of the British Psychological Society (BPS)

General Teaching Council

We can advise and help with any problems with the General Teaching Council, the General teaching Council for Wales including allegations of professional incompetence or unacceptable professional conduct.

We can advise and help on eligibility following a Prohibition Order, having Prohibition Orders removed, and can either draft written submissions to help your case, or arrange full representation by an expert specialist barrister briefed by us. Highly competitive fixed fees apply, no terrifying solicitor’s hourly rates.

Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 or email law@hylton-potts.com.

We can help you in any part of the United Kingdom. England, Scotland, Wales or Northern Ireland

We can also help with problems with the Independent Safeguarding Authority, relating to the safety and welfare of children and young people.

THE INDEPENDENT SAFEGUARDING AUTHORITY – (ISA)

The Independent Safeguarding Authority’s (ISA) role is to help prevent unsuitable people from working with children and vulnerable adults.

Referrals are made to the ISA when an employer or an organisation, for example, a regulatory body, has concerns that a person has caused harm or poses a future risk of harm to children or vulnerable adults. In these circumstances the employer or regulatory body must make a referral to the ISA. The range of organisations who are able to make referrals include;

  • Regulated activity providers;
  • Personnel suppliers;
  • Local authorities;
  • Education and Library Boards;
  • Health and Social Care (HSC) bodies;
  • Keepers of Registers named in the legislation; and
  • Supervisory authorities named in the legislation.

The ISA’s role in making independent barring decisions following referrals from employers or through the Autobar process continues. Certain employers (those working in ‘regulated activity’) have a LEGAL DUTY to refer people to the ISA (usually following their own disciplinary processes) when they have harmed a child or vulnerable adult, or there was a risk of harm. Anyone barred by the ISA cannot work or volunteer with the vulnerable group or groups from which they are barred.

If you have a problem with the THE INDEPENDENT SAFEGUARDING AUTHORITY – (ISA) we can help – Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 or email law@hylton-potts.com.

Disqualification Orders which is operated by the criminal justice

system with lists – the ISA Children’s barred list and the ISA

Vulnerable Adults barred list;
• The General Teaching Council for England

• The General Teaching Council for Wales

• The register of pharmacists maintained under Article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007

or the register of pharmacy technicians maintained under Article 21(1) of that Order

• The General Medical Council

• The Dentists Register appointed under section 14 of the Dentists Act 1984

• The Dental Care Professionals Register appointed under section 36b of the Dentists Act 1984

British Psychological Society ( BSC)

• The Registrar of the General Optical Council

• The Registrar of Osteopaths

• The Registrar of Chiropractors

• The General Social Care Council

• The Care Council for Wales

• The Register of qualified nurses and midwives appointed under article 5 of the Nursing and midwifery order 2001

• The register of members of relevant professions appointed under article 5 of the Health Professions Order 2001

If you have a problem with the any of the above authorities, we can help – Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 or email law@hylton-potts.com.

Independent Safeguarding Authority Referral Guidance

4. Definition of Key Terms

Child

A child is any person under 18 years of age.

Vulnerable adult

A vulnerable adult is In summary, a person is a vulnerable adult if they have attained the age of 18, and

• they are in residential accommodation,

• they are in sheltered housing,

• they receive domiciliary care,

• they receive any form of health care,

• they are detained in lawful custody,

• they are by virtue of an order of a court under supervision by a person exercising

functions for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000

(c. 43), in England and Wales,

• Is receiving a welfare service defined as the provision of support, assistance or advice by

any person, the purpose of which is to develop an individual’s capacity to live

independently in accommodation or support their capacity to do so.

• they receive any service or participate in any activity provided specifically for persons due

to age, disability, prescribed physical or mental problem, expectant or nursing mothers in

accommodation or a person of a prescribed description not falling in the above,

• payments are made to them (or to another on their behalf) in pursuance of arrangements

under section 57 of the Health and Social Care Act 2001 (c.15), in England and Wales,

• payments are made to them (or to another on their behalf) in pursuance of arrangements

• they require assistance in the conduct of their own affairs.

Relevant conduct

:Relevant conduct is any conduct:

• That endangers a child or vulnerable adult or is likely to endanger a child or vulnerable adult;

• If repeated against or in relation to a child or vulnerable adult, would endanger them or would be likely to endanger them;

• That involves sexual material relating to children (including possession of such material);

• That involves sexually explicit images depicting violence against human beings (including

possession of such images), if it appears to ISA that the conduct is inappropriate; or

• Of a sexual nature involving a child or vulnerable adult, if it appears to ISA that the

conduct is inappropriate.

16

Harm Test

The harm test is satisfied if the relevant

person believes that an individual may:

• harm a child or vulnerable adult;

• cause a child or vulnerable adult to be harmed;

• put a child or vulnerable adult at risk of harm;

• attempt to harm a child or vulnerable adult; or

• incite another to harm a child or vulnerable adult.

If you have a problem with the THE INDEPENDENT SAFEGUARDING AUTHORITY – (ISA) we can help –
Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 or email law@hylton-potts.com.

If you have a problem with;

  • • The General Teaching Council for Wales
  • • The register of pharmacists maintained under Article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007
  • or the register of pharmacy technicians maintained under Article 21(1) of that Order
  • • The General Medical Council
  • • The Dentists Register appointed under section 14 of the Dentists Act 1984
  • • The Dental Care Professionals Register appointed under section 36b of the Dentists Act 1984
  • • The Registrar of the General Optical Council
  •  British Psychological Society ( BSC)
  • • The Registrar of Osteopaths
  • • The Registrar of Chiropractors
  • • The General Social Care Council
  • • The Care Council for Wales

we can help – Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 or email law@hylton-potts.com.

Challenging Exam Results

A disappointing result/grade or failure is not the end of the road.  Expert advice and the law can help you.

Examining bodies have duties. We operate highly competitive fixed fees.

Contact us by phone or email for a free expert opinion.

We can help with a legal complaint following failure to pass the overseas registration examination (ORE) set by the GDC for £950 including VAT or  make representations following failure to pass or be properly graded at the  Objective Structured Clinical Examination (OSCE) , for a fixed fee of £495 including VAT

We can also help with a legal review following failure to pass the Professional Linguistics Assessment Board (PLAB)  set by the GMC, for a fixed fee of £950 including VAT.

Investigations

If your school, academy, college or workplace needs an independent investigation to assist you in getting at the facts, quickly inexpensively and in a no nonsense clear fashion look no further.

Consult the experts.

For more information telephone 020- 7381- 8111 or email law@hylton-potts.com

IRISH REGISTRATION FOR DOCTORS

We can help with applications to the Medical Council of Ireland for registration,  including those based on EC rights, and disciplinary problems.

www.medicalcouncil.ie

IRISH REGISTRATION FOR DENTISTS

We can help with applications to the General Dental Counsel for registration, including those based on EC rights, and disciplinary problems.

www.dentalcouncil.ie

SCOTTISH REGISTARION FOR DOCTORS AND DENTISTS

We can help with applications to the General Medical Council and General Dental Council in Scotland, for registration, including those based on EC rights, and disciplinary problems.

 

Quantity Surveyors

We advise quantity surveyors on issues involving the  Royal Institution of Quantity Surveyors and in particular disciplinary matters and appeals.

Consult the experts.

For more information telephone 020- 7381- 8111 or email law@hylton-potts.com

 

Sanctions Policy & Supplements

23 Feb 2011

03 Jan 2012

03 Jan 2012

03 Jan 2012

RICS Regulation, 30 Jul 2012

http://www.rics.org/Global/Sanctions%20Policy%20Supplement%204%20-%20Disciplinary%20History%20v3%20%20wef%201%20January%202011.pdf

 

DISCIPLINARY, REGISTRATION AND APPEAL PANEL RULES

http://www.rics.org/uk/regulation1/disciplinary-procedure/disciplinary-rules-and-sanctions-policy/

 

Consent orders

22 Aug 2012

A consent order is a formal written agreement between RICS and a member or firm concerning a disciplinary issue arising from an identified breach of RICS rules.

A consent order may include terms to:

  • Take a certain action
  • Desist from taking a certain action
  • Pay a fine (up to £2,000 per breach)
  • Pay RICS’ costs

Fixed penalties

01 Nov 2012

A fixed penalty is an administrative fine issued by RICS when a member or regulated firm fails to provide us with information that we have requested.

These include annual returns, CPD records and invoices raised for regulatory matters.

The member or firm should pay the fixed penalty by the date specified in the notice and ensure that they comply with the relevant rule that brought about the fixed penalty.

Panel hearings

Hearings are held for serious breaches when it is more appropriate to do this than impose a fixed penalty or agree a consent order.

Panels for hearings are selected from a committee made up of eight RICS members, eight lay members and a lay chair.

Appeal panel hearings – Members and firms who have already had a panel decision heard do have the right to appeal the decision.

Disciplinary panel hearings –  Hearings are held for more serious breaches when it’s more appropriate to do so than impose a fixed penalty or agree a consent order

Interim measures hearings – These hearings are held when a decision needs to be made at short notice

Conduct & Appeals Committee