Guy Micklewright appeared successfully for the HCPC in HCPC v Hawkins [2023] EWHC 3256 (Admin), resisting the Appellant’s argument that allegations of sexual motivation were not made out on the facts and, if they were, that it would be inappropriate to remit the matter for a further hearing.
The disputed allegations concerned sexually motivated touching of a female patient by a male physiotherapist during treatment. The HCPC accepted that there had been a serious procedural irregularity, in that the allegation had not been properly put to the Appellant during cross-examination and the Panel had found the allegation proven on a factual basis that the Appellant had not be properly cross-examined on.
The issues for the Court were two-fold:
First, whether no fresh panel could properly conclude that the Appellant’s actions were sexually motivated and, second, whether it would be unjust to remit the matter. Having dismissed the Appellant’s arguments in respect of the first issue, the Court considered the Second. At paragraphs [42] to [48] the Court identified a number of principles to apply in fitness to practise appeals when considering whether or not to remit a successful appeal for a fresh hearing.
The Court concluded that there was no consideration in respect either of the utility of a further hearing or fairness which can operate against the public interest in a proper determination of the allegation.
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Guy Micklewright is a specialist fitness to practise, disciplinary and regulatory barrister, having practised in the area for 16 years, acting for both regulators and individuals subject to regulatory action. Guy has particular experience of complex disciplinary cases before a variety of healthcare, accountancy, legal, and engineering regulators. His practice includes governance advisory work, GDPR advisory work, inquests and firearms/shotgun licensing appeals, and advisory work.
Guy is recognised in Chambers & Partners and in the Legal 500 UK Bar Guide as a leading junior for his work in professional discipline and regulatory work. He was ranked as a 'Rising Star' in The Legal 500 [2020 and 2021] for his professional discipline and regulatory work (Solicitors Guide).
