AC-2025-LON-000651 - [2025] EWHC 2814 (Admin)

Pursuant to Art 3(4) of the 2001 Order, the over-arching objective of the Council in exercising its functions is the protection of the public. Under Art 3(4A), the pursuit of this over-arching objective involves protecting promoting and maintaining the health, safety and well-being of the public; promoting and maintaining public confidence in the professions regulated; and promoting and maintaining proper professional standards and conduct for members of those professions.

Art 33 of the 2001 Order provides as follows with respect to the restoration to the Register of those who have been struck off by the CCC:

“Restoration to the register of persons who have been struck off

33.—(1) Where a person has been struck off the register by virtue of an order made under article 29(5)(a), 30(1)(b) or 38(3)(c) and the person wishes to be restored to the register, that person must make an application for restoration to the Registrar.

(2)

Subject to article 30(7), no such application may be made—

(a)

before the end of the period of five years beginning with the date on which the order under [F2article 29(5)(a), 30(1)(b) or 38(3)(c)] took effect; or

(b)

in any period of twelve months in which an application for restoration to the register has already been made by the person who has been struck off.

(3)

An application for restoration must be referred by the Registrar to the Fitness to Practise Committee for determination.

(4)

Before making any decision on the application the Committee shall give the applicant an opportunity to appear before it and to argue his case in accordance with rules made by the Council which shall include the matters referred to in article 32(2)(b), (g), (i), (j), (k), (m), (n) and (o).

(5)

The Committee shall not grant an application for restoration unless it is satisfied, on such evidence as it may require, that the applicant not only satisfies the requirements of article 9(2)(a), (b) and (ba) but, having regard in particular to the circumstances which led to the making of the order under article 29, 30 or 38, is also a fit and proper person to practise the relevant profession.

(6)

The Committee may make the granting of an application subject to the applicant satisfying such requirements as to additional education or training and experience as the Council has specified under article 19(3) and which apply to him.

(7)

On granting an application for restoration, the Committee—

(a)

shall direct the Registrar to register the applicant in the relevant part of the register on his satisfying the Registrar as mentioned in article 10(4)(aa), on his satisfying any requirements imposed under paragraph (6) and on payment of the prescribed fee; and

(b)

may make a conditions of practice order with respect to him.

(8)

The provisions of article 29 shall have effect in relation to a conditions of practice order made under paragraph (7) as they have effect in relation to a conditions of practice order made under that article and article 30 shall apply as if the order made under paragraph (7) were an order made under article 29.

(9)

If, while a striking-off order is in force, a second or subsequent application for restoration to the register, made by the person who has been struck off, is unsuccessful, the [F6Fitness to Practise Committee] may direct that that person’s right to make any further such applications shall be suspended indefinitely.

(10)

A person in respect of whom a direction is made under paragraph (9) may, after the expiration of three years from the date on which the direction was made, apply to the Registrar for that direction to be reviewed and, thereafter, may make further applications for review but no such application may be made before the expiration of three years from the date of the most recent review decision.

(11)

The Registrar shall refer an application made under paragraph (10) to the Fitness to Practise Committee for determination.

(12)

A person whose application under paragraph (10) or whose application for restoration is refused or made subject to his satisfying requirements under paragraph (6) may appeal to the appropriate Court and article 38 shall apply to that appeal.

(13)

The appeal must be brought before the end of the period of 28 days beginning with the date on which notice of the decision rejecting the application, or granting it but imposing conditions under paragraph (6), is served on the applicant.”

As can be seen, Art 33(12) allows a person whose application for restoration is refused to appeal and Art 38 applies to the appeal. By virtue of Art 38(3) of the Order, the High Court may (a) dismiss the appeal; (b) allow the appeal and quash the decision appealed against; (c) substitute for the decision appealed against any other decision the Practice Committee concerned or the Court, as the case may be, could have made, or (d) remit the case to the Practice Committee concerned or the Council, as the case may be, to be disposed of in accordance with the directions of the Court. By virtue of Civil Procedure Rule 52.21(3) the High Court will only allow such an appeal where the decision of the lower court was (a) ‘wrong’ or (b) ‘unjust because of a serious procedural or other irregularity’.

In Cheatle v General Medical Council [2009] EWHC 645 (per Cranston J at para 12-15), referring to the Court of Appeal decisions in Meadow v General Medical Council [2006] EWCA Civ 1390 and Raschid v General Medical Council [2007] EWCA Civ 46 it was held:

In Cheatle v General Medical Council, Cranston J made clear that it is for the Panel, as the primary decision maker, to make findings of fact on the basis of the evidence the Panel has heard. Within this context, whilst on appeal the court may, where appropriate, correct material errors of fact, namely errors that do or might impact on the conclusions reached by the Panel, the court will not otherwise interfere in the findings of the Panel, even if the court takes the view it might not have reached the same conclusions on the evidence as the Panel did.