Commentary

In these professional disciplinary proceedings it was considered highly unusual for an expert to act on behalf of a Registrant having also provided a character reference in support of the same Registrant.

Learning points

• If you have provided a character reference for a practitioner in professional regulatory proceedings, consider carefully whether you can also act as an independent expert.

• If you have provided a character reference for a practitioner in professional regulatory proceedings and then act as an expert, you must disclose your provision of the character evidence in your report.

• An expert’s declaration is required in professional regulatory proceedings.

• It may be necessary to hear the evidence of the adverse parties’ experts.

• Be careful not to make assertions about a registrant for which you have to apologise and which you then have to withdraw.

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