Simon Gurney secures Consultant’s freedom to practise

On Thursday 30th April Simon Gurney represented AP, a Consultant cosmetic and reconstructive surgeon, who had been summoned before an Interim Orders Panel of the General Medical Council empowered to consider whether he should be permitted to continue practising during the GMC’s investigation into his fitness to practise.

The GMC alleged that AP’s fitness to practise is impaired by virtue of misconduct and deficient professional performance. It claimed that he posed a risk to patient safety and that the public interest demanded that his freedom to practise be restricted to ensure that public confidence in the profession was not damaged. The Panel was presented with a 200 page bundle which was said to provide the foundation for those allegations.

AP contacted Simon when he was referred to the Interim Orders Panel. He instructed Simon under the ‘direct access’ rules without the services of a solicitor. Simon arranged to meet AP in Chambers in order to obtain information from him about his practice and to prepare for his defence. Simon advised him on the evidence that needed to be obtained and how best to present his case before the Panel.

Simon appeared before the Panel and successfully persuaded it to reject the GMC’s allegation that AP posed any risk to patient safety and to reject the suggestion that the public interest demanded his freedom to practise be restricted. The GMC had sought to have his practice restricted for a period of 18 months, either by imposing conditions upon him or an absolute suspension. The Panel was persuaded not to impose any order on AP meaning he is free to practise whilst the investigation is completed.

Simon specialises in the law concerning professional discipline, representing clients engaged in numerous professions. He has experience representing police officers, doctors, nurses, pharmacists, social workers and other professionals before their regulatory tribunals and the higher courts. If you find yourself in need of advice or representation concerning such matters please contact David Wright in Chambers on 0161 832 5701 or dwright@lincolnhousechambers.com who will be able to discuss your needs and instruct Simon accordingly.