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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> General Medical Council v Curca [2013] EWHC 4482 (Admin) (18 December 2013)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2013/4482.html
Cite as: [2013] EWHC 4482 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
1 Bridge Street West Manchester Greater Manchester M60 9DJ |
||
B e f o r e :
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| GENERAL MEDICAL COUNCIL | Claimant | |
| v | ||
| ELENA CURCA | Defendant |
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The Claimant did not attend and was not represented
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- MR JUSTICE BLAKE: This is an application for the court to continue an extension of conditions attached to registration as a doctor with the General Medical Council.
- The defendant is Dr Elena Curca, a Romanian national, who worked in the UK as a doctor for a period at the end of which in 2011 her then employer expressed concerns as to her suitability to continue as a locum practitioner.
- There were two issues essentially: whether her working knowledge of English was sufficient for her to discharge her responsibilities in accident and emergency medicine; and secondly, some concerns as to her basic medical knowledge in that field.
- Since the 26th September 2011 she has been subject to restrictions upon her registration. Her case is that those restrictions have made it impossible for her to find employment in the medical field in the United Kingdom. She is presently back in Romania in Bucharest but she complains in a witness statement that she has sent to the court on 13th December 2013 that her restricted registration continues to have adverse impact on her ability to develop her medical career in her native country and elsewhere in Europe. That indeed may be the case, although equally if there are difficulties with her medical skills, those may well be justified.
- The order has been extended by the Interim Orders Panel (as it then was) of the General Medical Council until the maximum period permitted and in March 2013, this court was moved for relief for the first extension of those conditions that was granted by this court. Those conditions are due to expire on 24th December 2013. An application is now made for those conditions to be further extended and for 3 months until 24th March 2014.
- The court has enquired as to what the delay has been over the last 2 years since restriction was first imposed and Mr Grundy, who appears for the claimant counsel, has informed me that a significant obstacle for some period of time has been uncertainty as to what level of English language should be expected of this defendant before any tests are performed on her medical skills in English.
- It seems to me to be remarkable that this issue has caused such difficulty for so long. It may be there are some pending policy changes to be made from government but it would not be appropriate or justified for the claimant to wait for such changes, if there are language proficiency criteria which can be applied today, and presumably are being applied today, since the phenomenon of medical practitioners from overseas is hardly a novel one.
- Notwithstanding the defendant's concerns as to the frustrations that continued, extension of stay without either testing of her abilities or resolution of the issues of her clinical competence is causing her, I am satisfied that it is appropriate to grant a short further extension which is all that is sought.
- However, as I have raised in the discussion in the course of this application, this court has its own obligations to ensure that restrictions on registration or administration measures that impact upon the ability of a professional to earn a living are proceeded with as speedily as possible having regard to the criteria of fair trial rights, set out in Article 6 of the ECHR that applicable to cases concerned with possible sanctions against medical practitioners.
- Although this court of course is conscious that the protection of the public is the prime call upon the decision maker when questions of suspension or conditional registration are called upon, it is not the only question. The longer these proceedings continue without a clear timetable, or clear explanation why obstacles that may be encountered from time to time have not be resolved or cannot be resolved the more the court is likely to be concerned. The only sanction available in pursuit of its own duty, to supervise the public authority is acting compatibly with Convention rights may be to refuse an application for an extension in a case where all things being equal, it would otherwise have been likely to have granted it.
- Whether that position will have been reached if a further extension is sought will have to await further decision, but I do indicate to the claimant through counsel that it is now imperative that proper progress is made immediately as to the language tests and then the consequent medical testing that is awaiting upon language test decision.
- A failure to take all reasonable measures to close this issue and proceed is likely to have a significant impact upon any future application that may be made to extend this suspension of registration.
- With those observation I will grant the extension for the period sought.
- MR GRUNDY: I am obliged my Lord. That does leave the issue of costs. I see my Lord shaking his head. I will take instructions about those (Pause). I do not pursue that application.
- MR JUSTICE BLAKE: Very wise.
- MR GRUNDY: As far as the orders, there was a draft order in my Lord's papers.
- MR JUSTICE BLAKE: Yes. The date was the 23rd or 24th?
- MR GRUNDY: Yes. Behind divider 7, my Lord, of the bundle.
- MR JUSTICE BLAKE: Yes?
- MR GRUNDY: Paragraph 1, interim order imposed and then gives the various dates.
- MR JUSTICE BLAKE: Is it accurate because I think it is the 5th June; I do not think the 5th June is right.
- MR GRUNDY: Would my Lord allow me time. Perhaps if you want to take your next case I will draft what I believe to be an appropriate order and hand it up for your approval.
- MR JUSTICE BLAKE: You can add my name and if you get that bit right, I think you will find it in the substantive witness statement.
- MR GRUNDY: Correct my Lord. I am obliged my Lord.
- MR JUSTICE BLAKE: Thank you very much.