Court intervention in cases of gross misconduct: Chhabra v West London Mental Health Trust

Please find attached a recent Supreme Court decision regarding the powers of the Courts to intervene in disciplinary hearings for gross misconduct of a medical practitioner. The case involves a secure Hospital serving Psychiatrist, where there was insufficient evidence in the disciplinary proceedings to support wilful or deliberate breach of confidentiality – including allegations of the medical practitioner discussing patient confidential medical notes whilst on a train travelling to work, and the medical notes allegedly in public view during those discussions.

The Supreme Court appears to have upheld the injunction restraining the Trust from proceeding with the disciplinary hearing in breach of contract. The purpose of imposition of the injunction appears to include the opportunity of fresh investigation into the complaints.

The Supreme Court Judgment in Chhabra:

http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2013_0046_Judgment.pdf

The Press Summary in Chhabra:

http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2013_0046_PressSummary.pdf

0.00 avg. rating (0% score) - 0 votes