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Operating Department Practitioner cleared of misconduct

04/02/2022

X pleaded guilty to failing to provide a breath sample to Police in the Magistrates’ Court in January 2020. As a result, they were disqualified from driving and other ancillary orders made.

Some days after, they posted a story on their Instagram. This attracted an anonymous complaint.

X was found to have done the act, but after a full Fitness to Practise hearing, the post was found not to amount to misconduct and, despite the conviction, X’s fitness to practice was found not to be impaired. This case, whilst factually simple, heavily relied upon the rapidly-growing and nuanced authorities, such as Beckwith v SRA, regarding the ambit of a regulator and tension between regulation and potentially private matters.

Mark Watson was instructed by Harjinder Saundh, Thompsons Solicitors

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