Challenging Unduly Lenient Penalties in Professional Disciplinary Tribunals (April 2005, Vikram Sachdeva)

Challenging Unduly Lenient Penalties in Professional Disciplinary Tribunals (April 2005, Vikram Sachdeva)


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This article was originally published in the New Law Journal on 8th April 2005.

“The Kennedy report into heart surgery carried out at the Bristol Royal Infirmary concluded that there was a public perception that disciplinary regulation by committees largely composed of members of the profession in question was not necessarily in the best interests of patients.

The result was the creation of an overarching body for the regulation of healthcare professionals, the Council for the Regulation of Health Care Professionals, under s25 National Health Service Reform and Health Care Professions Act 2002 (“the Act”).

In the first Court of Appeal case involving the new body it has been held that an unduly lenient penalty could include an acquittal, and therefore that an acquittal could be the subject of an appeal: Ruscillo v The Council for the Regulation of Health Care Professionals [2004] EWCA Civ 1356; The Times, 7 February 2005…”


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