Allison Beard v General Osteopathic Council [2019] EWHC 1561 (Admin)

Ms Beard appealed against the decision of the Professional Conduct Committee to impose conditions of practice on the basis of procedural irregularity, including apparent bias. No point was taken by her solicitor or the panel’s legal advisor at the time of the hearing.

Conditions had been imposed following a complaint by a patient that Ms Beard had not properly examined him, did not properly discuss treatment, did not obtain consent, used excessive force, and spoke to him inappropriately. This complaint followed several emails from the patient that were ‘inappropriately long, opinionated, personal, over-familiar, with a false bonhomie covering an underlying aggression.’

During the hearing, Ms Beard was questioned at length, longer than the cross-examination, and in strong terms by one of the panel members and alleged this amounted to apparent bias.

The court concluded that the panel member’s ‘descent into the arena’ amounted to a procedural irregularity, and the decision and order of the panel was set aside.