Professional Regulation in London, NMC Registration Appeals

I lead my Chambers’ Professional Regulation Practise Group.

I have been an advocate for professionals, case presenter for regulators, panel member and Chair for a number of regulators, and an advisor and trainer in professional regulation for over 14 years. I have experience sitting for the Chartered Institute of Management Accountants (CIMA), Construction Industry Council (CIC), Nursing and Midwifery Council (NMC), Medical Practitioners Tribunal Service / General Medical Council (MPTS/GMC) and others.

I have helped a number of professionals including successfully appealing a surveyor’s erasure before RICS, successfully resisting an interim suspension order against a doctor facing misconduct and language proficiency allegations where the GMC later agreed to undertakings, representing a doctor previously erased for multiple instances of sexual misconduct, and representing a pharmacist with two convictions for sexual assault at the initial hearing and on appeal to the High Court.

Having been a tribunal member for over 14 years is extremely valuable as it gives a very strong sense of what works and how a tribunal will respond to different strategies. This experience and understanding extends well beyond the in-depth legal knowledge acquired and assists professionals chose the strategies they’d like to follow to potentially minimise the impact of an issue or allegation or identify approaches most likely to secure the desired outcome.

One decision I was involved in as a Tribunal member was unsuccessfully judicially reviewed. The Judgment included “It is to Mr Somerville’s credit… Mr Somerville was right to probe… entirely fair of him… perfectly sensible.” This decision was unsuccessfully appealed. Dismissing the subsequent appeal to the Court of Appeal the Master of the Rolls’ in his judgment said: “entirely understandable and appropriate“, that I was “entitled to ask the questions” asked and that the perceptions of the Dr and her lawyer did “not undermine the legitimacy and appropriateness” of the questioning.

Written appraisals from the MPTS include: “Exceeds competency… Strengths have been noted across all competency areas… ability to grasp complex documentation, while making balanced and succinct decisions which were evidence based… effective contributions to in-camera discussions… ability to listen and challenge others politely, when it was appropriate… supportive approach in in-camera discussions with colleagues.”

Written feedback from the NMC includes: “Performance exceeds expectations” in all metrics and from colleagues includes: “Outstanding”, “inclusive”, “business-like”, “effective use of our time”, “very collaborative”, “…exemplary. He was logical, methodical and analytical and articulated his view clearly…. [he asked] highly insightful questions… When the question asked was not answered, Mr Somerville pressed for a proper answer” and“It is rare to meet such a refreshingly honest approach”.

I have delivered board and panel training to a number of leading regulators and regulated commercial organisations in the UK and abroad and have written of a number of codes of conduct including for statutory regimes requiring approval by the relevant Secretary of State.

I am available to advise or represent registrants, act as case presenter or legal assessor in respect of any of the following:

Response to investigations
Interim orders hearings
Substantive misconduct, conviction and health cases
Substantive order reviews
Registration appeals
Appeals against panel findings
NMC registration appeals

I am a member of the Association for Regulatory and Disciplinary Lawyers. I can be instructed by professionals and regulators direct under the public access scheme, or via a solicitor. I am co-authoring Judgecraft: the art of sound decision making which leans heavily on professional regulation.

I can help with any of the following list of professional regulators – and many more:

Charities

Charity Commission for England and Wales
Charity Commission for Northern Ireland
Office of the Scottish Charity Regulator

Construction and Architecture

Architects Registration Board
Construction Skills
UK Contractors Group
Construction Industry Council
National Specialist Contractors Council
Federation of Master Builders
Construction Clients Group
Royal Institute of British Architects

Education

The General Teaching Councils for Scotland, Wales and Northern Ireland
Ofqual – Office of Qualifications and Examinations Regulation
Ofsted – Office for Standards in Education, Children’s Services and Skills
Office for Students (OfS)

Environment

Environment Agency (EA)
Marine Management Organisation (MMO)
Natural Resources Wales (NRW)
Northern Ireland Environment Agency (NIEA)
Scottish Environment Protection Agency (SEPA)

Finance

Financial Conduct Authority (FCA)
Financial Reporting Council
Institute of Chartered Accountants in England and Wales
Office of the Regulator of Community Interest Companies (ORCIC)
Payment Systems Regulator (PSR)
Pensions Regulator
Prudential Regulation Authority (PRA)
The Office for Professional Body Anti-Money Laundering Supervision (OPBAS)

Health

Care Quality Commission (CQC)
NHS Improvement (NHSI)
Complementary and Natural Healthcare Council (CNHC)
General Chiropractic Council (GCC)
General Dental Council (GDC)
General Medical Council (GMC)
General Optical Council (GOC)
General Osteopathic Council (GOsC)
General Pharmaceutical Council (GPhC)
Healthcare Inspectorate Wales (HIW)
Health and Care Professions Council (HCPC) – fifteen professions with designated titles[1]
Health and Safety Executive
Human Fertilisation and Embryology Authority
Medicines and Healthcare products Regulatory Agency (MHRA)
Nursing and Midwifery Council (NMC)
Pharmaceutical Society of Northern Ireland (PSNI)
Professional Standards Authority for Health and Social Care

Housing

Regulator of Social Housing
Scottish Housing Regulator

Law

Bar Standards Board
CILEx Regulation
Faculty of Advocates
Law Society of Northern Ireland
Law Society of Scotland
Master of the Faculties
Office of the Immigration Services Commissioner
Solicitors Regulation Authority

Social care

Scottish Care Inspectorate
Care Council for Wales (CCW)
Social Work England
Northern Ireland Social Care Council (NISCC)
Scottish Social Services Council (SSSC)

Transport

Civil Aviation Authority (CAA)
Office of Rail and Road (ORR)

Utilities

Ofcom – independent regulator and competition authority for the UK communications industries
Phone-paid Services Authority – regulator for phone-paid services in the UK, part of Ofcom, replaces ICSTIS, PhonepayPlus
Office for Nuclear Regulation (ONR)
Ofgem – the Office of the Gas and Electricity Markets
Ofwat – the Water Services Regulation Authority
The Utility Regulator – regulating electricity, gas, water and sewerage industries in Northern Ireland[3]
Water Industry Commissioner for Scotland

Others

Advertising Standards Authority
British Board of Film Classification
Chartered Institute for the Management of Sport and Physical Activity
Competition and Markets Authority
Council for Registered Gas Installers
Direct Marketing Authority
Engineering Council – the regulatory body for the engineering profession
Equality and Human Rights Commission
Food Standards Agency
Forensic Science Regulator
Fundraising Regulator
Gambling Commission
Gaming Board for Great Britain
Gangmasters and Labour Abuse Authority
HM Revenue and Customs
IMPRESS
Independent Press Standards Organisation
Information Commissioner’s Office
Oil and Gas Authority
Planning Inspectorate
Independent Police Complaints Commission
Security Industry Authority