QUEEN'S BENCH DIVISION
Strand, London WC2A 2LL
B e f o r e :
|GENERAL MEDICAL COUNCIL||Claimant|
|DR.MICHAEL JOHN SHEILL||Defendant|
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Mr.Jonathan Crystal (instructed by Glinert Davis) appeared for the Defendant.
Crown Copyright ©
The relevant law
"Where an Interim Orders Panel … are satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a fully registered person, for the registration of that person to be suspended or to be made subject to conditions, the Panel may make an order –
(a) that his registration shall be suspended (that is to say, shall not have effect) during such period not exceeding eighteen months as may be specified in the order (an "interim suspension order"); or
(b) that his registration shall be conditional on his compliance, during such period not exceeding eighteen months as may be specified in the order, with such requirements so specified as the Panel think fit to impose ("an order for interim conditional registration").
"Where an order has effect under any provision of this section, the court may –
(a) in the case of an interim suspension order, terminate the suspension;
(b) in the case of an order for interim conditional registration, revoke or vary any condition imposed by the order;
(c) in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it),
and the decision of the relevant court under any application under this subsection shall be final".
"69. For all these reasons had this been a case in which this court had jurisdiction to do so it may well have led to the court quashing the order for suspension. But the powers of the court, by reason of the very limited terms of section 41(10) (sic) of the Medical Act, are limited. The best we can do in the circumstances is to lay out what is material for the Committee to consider at the review hearing which is due to take place …".
"72. In my judgment, a review requires a Committee to pay regard to all of the circumstances prevailing on the date of the review, which must include all the circumstances as they prevailed at the time of the initial order. The proper exercise of the review process must involve a comprehensive reconsideration of the initial order in the light of all the circumstances which are then before the Committee",
"82. This court has, as Newman J observed, been given limited powers under the new statutory procedure. Our powers are restricted to determining the suspension pronounced last November or substituting a different period of suspension for the period specified. We do not have the power to make a declaration as to the validity of the Committee's decision last May, and I do not consider either of the forms of relief open to us under the statute are appropriate, given that the matter is to be reviewed next week, and the issue is essentially one for this expert body to decide".
The court's jurisdiction, powers and approach
The detailed history
"3. You shall comply and fully co-operate with the requirements of the Healthcare Commission.
6. You shall keep a record of all patients seen in relation to work carried out as a registered medical practitioner, in the form of a book. This book must contain the name of the patient and the name and contact of the referrer or third party who has arranged for the consultation. This book must be provided to the Panel prior to any subsequent review of the order".
"that in all the circumstances of this case and taking account of Dr.Sheill's apparent lack of insight and poor judgment, there were no practicable, workable or appropriate conditions that could be imposed on his registration that would safeguard the public or satisfy the public interest".