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The MPTS proceedings: Part 2
The MPTS proceedings: Part 2
Meanwhile, the MPTS proceedings had resumed on 30 October 2023. During this second part of the proceedings, the Tribunal made the following decisions:
A further application to stay the proceedings as an abuse of process was refused.
All bar two of the allegations against the first appellant were proved. The two allegations that were not proved were the allegation that the first appellant had informed the Chief Operating Officer of Federated4Health that it would not be allowed to commence as the new caretaker; and the allegation that the first appellant had given dishonest evidence to the FTT.
All bar two of the allegations against the second appellant were proved. The two allegations that were not proved were the allegation that the second appellant had informed the Chief Operating Officer of Federated4Health that it would not be allowed to commence as the new caretaker; and the allegation that the second appellant had been dishonest in his annual appraisal form.
The fitness to practise of both appellants was impaired by reason of misconduct.
Sanction
On 8 March 2024, the MPTS handed down its decisions on sanction. There was a separate decision for each appellant.
- Heading
- Mrs Justice Farbey DBE
- Anonymity
- Legal framework for appeals
- The EA 2010
- Factual background
- The GMC proceedings: interim stages
- The first set of judicial review proceedings: decision by Eyre J
- The common allegations
- Additional allegations against the first appellant
- Additional allegations against the second appellant
- The course of the proceedings
- The abuse of process decision
- Adjournment
- The second set of judicial review proceedings: decision of Mr Paul Bowen KC
- The MPTS proceedings: Part 2
- The first appellant
- The second appellant
- Dr Strommer’s position
- Grounds 1-5: The effect of the previous judicial review proceedings
- Res judicata: legal framework
- The appellants’ submissions
- The respondent’s submissions
- Discussion
- Grounds 1-5 : The abuse of process decision
- Grounds 2, 4 and 5
- Ground 6
- Appeal against sanction: Grounds 7 and 8
- Conclusions