John Donnelly
John specialises in Regulatory law, particularly; healthcare, psychotherapy and social care.
He has experience in drafting Codes of Conduct, Ethics and procedures such as Interim Orders as well as advising on Appeals.
He has been instructed to advise Investigatory Panels on both evidence and procedure in large scale enquiries.
As an advocate John was formerly approved counsel for the Fraud Investigation Group (FIG), and CPS instructed in serious frauds, murders and court martials.
John conducts training seminars and workshops for Local Authorities (Trading Standards) Regulatory Panels (case law updates and evidence) and Ethics to Bar students.
John is a registered pupil supervisor (Inner Temple) and act as Mentor on behalf of BSB to a newly qualified practitioner who practises in Vienna as a Human Rights lawyer.
Practice Areas
Panel
- Contributing Author
Education
- Registered Pupil Supervisor (Inner Temple)
- LB Hons University of Hull
2 Contributions by John Donnelly
PRACTICE NOTES
Criminal law and healthcare fitness to practise: referrals, disclosure, interim orders, evidential use of convictions, sanctions and ROA exceptions (England and Wales)
This Practice Note provides a practical overview of the impact that criminal investigations, prosecutions and convictions may have on healthcare practitioners, and on the integrity of the register that regulators have a statutory duty to maintain. It should be considered alongside the Practice Note: Common principles in fitness to practise proceedings and the relevant Practice Note for each regulator below:
General Dental Council—fitness to practise proceedings
General Medical Council—fitness to practise proceedings
General Optical Council—fitness to practise proceedings
General Pharmaceutical Council—fitness to practise proceedings
Health and Care Professions Council—fitness to practise proceedings
Nursing and Midwifery Council Proceedings—fitness to practise proceedings
Social Work England—fitness to practise proceedings
Function of criminal courts v fitness to practise proceedings
The distinct purposes of the criminal courts and professional regulators, and how they interact, were analysed in Bawa-Garba v GMC. The appeal centred on the correct approach to a conviction for gross negligence manslaughter when applying fitness to practise sanctions, particularly where the registrant is not considered to pose a continuing risk to patients. The case concerned a doctor specialising in paediatrics, who was found...
Local Government
PRACTICE NOTES
Professional Standards Authority (UK): oversight of health and social care professional regulators, right-touch regulation, s 29 referrals to higher courts, Accredited Registers, governance, funding, and current legislative reform
This Practice Note outlines the remit, powers and duties of the for Health and Social Care (PSA). The PSA was established to draw together the bodies regulating healthcare professions and to secure a cohesive, co-ordinated approach to standard-setting, performance oversight, and to inspection and validation...
Regulatory reform of healthcare regulators
On 17 February 2023, the Department for Health and Social Care (DHSC) set out proposals to modernise the legislative framework for nine health and care professional regulators via a series of statutory instruments, giving each regulator fresh powers to shape their own regulatory processes to enhance patient safety and streamline the healthcare system. These include:
General Chiropractic Council (GCC)
General Dental Council (GDC)
General Medical Council (GMC)
General Optical Council (GOC)
General Osteopathic Council (GOsC)
General Pharmaceutical Council (GPhC)
Health and Care Professions Council (HCPC)
Nursing and Midwifery Council (NMC)
Pharmaceutical Society of Northern Ireland (PSNI)
The reforms are enabled by the Health and Care Act 2022, which amended section 60 of the Health Act 1999, providing further powers to reshape the professional regulatory landscape through secondary legislation. The reforms are expected to include changes to...
Local Government
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