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Andrew Hockton wins case for NHS England (West Midlands) before First Tier Tribunal

9th April 2020

The appellant, an optometrist, sought to challenge a decision made by the Performers List Decision Panel [PLDP] to impose conditions on his inclusion in the Ophthalmic Performers List. The appellant challenged the jurisdiction of the PLDP on the basis that the General Optical Council (GOC) had already made an interim decision in relation to the same subject matter. The appellant further challenged the merits of the decision. Upon a review of their respective statutory roles and functions, the First Tier Tribunal (FTT) accepted the argument made on behalf of the Respondent, NHS England (West Midlands), that the roles of the GOC and PLDP were separate, distinct and complementary and that the jurisdictional argument must therefore fail.  The FTT also held that the conditions imposed by the PLDP were necessary and proportionate. Accordingly, the appeal was dismissed on both grounds. Andrew Hockton acted for the Respondent, instructed by Hill Dickinson.

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