Jonathan Goldring instructed by John Williams of Bankside Law persuaded the Professional Conduct Committee of the General Chiropractic Council to revoke a conditions practice order that required the chiropractor to submit to quarterly audits at his practice by a GCC appointed auditor.
In 2018 chiropractor “A” was cleared of numerous allegations arising from three separate complaints concerning dishonesty, advertising, misdiagnosis, over treatment and consent. Of the 31 allegations that were brought most were dismissed, some were admitted and the GCC found a handful proved in relation note keeping and x-ray reporting.
After a 2 year wait, 3 unsuccessful interim suspension attempts and a month long hearing the PCC finally imposed a conditions of practice order for an initial period of 12 months with audits every 3 months. Whilst the audits focused on x-ray’s and record keeping the auditor was invited to comment on any aspects of the chiropractors practice.
At the review hearing in 2019, the GCC submitted 4 audits comprising almost 5000 pages of evidence covering various aspects of the practice over the previous 12 months. The chiropractor was able to demonstrate significant improvements in all areas which in turn enabled Mr Goldring to make submissions that practice could continue without restriction.
In revoking the order the Committee commented:
As referred to above, the four audits required by the conditions had been carried out and the Committee was satisfied that Mr A had complied with the letter and spirit of the conditions imposed on his registration. The Committee was encouraged to see that Mr A actively engaged with the process and not only responded to problems but also to advice about best practice. Mr A’s cooperation with the Auditor, and the steps he had taken to improve his practice, demonstrated insight into his failings and that he appreciated the gravity of his failings. The Committee noted that it was a recurring comment in the audit reports that Mr A had reflected on each report and on his discussions with the Auditor. By actively engaging with the Auditor in the way he had, the Committee was satisfied that Mr A recognised the importance of sustaining the improvements he had made.
This case is a clear example of the importance of insight when dealing with conditions practice orders imposed on your practice.