Regulation of Health and Social Care Professionals Consultation

and other optical appliances, such as not providing lenses to people unless they
have a valid specification and requiring sales of certain appliances to be effected
by or under the supervision of a registrant. 52
Ethical guidelines and other guidance
6.61 The importance of ethics, values and attitudes alongside clinical competence is
recognised by some regulators through the provision of separate guidance. For
example, the General Medical Council publishes supplementary ethical guidance
on matters such as end of life care, treating children and young people, consent
and personal beliefs and medical practice. This guidance is intended to expand
on the principles in Good Medical Practice. The Council has established a
standards and ethics committee which amongst other matters oversees the
development and publication of such guidance. However, not all of the regulators
issue ethical guidance, and as noted above some of the regulators combine their
ethical guidance with their codes of conduct and/or standards of proficiency.
6.62 There is a range of other forms of guidance published by the regulators. Much of
this guidance is intended to support or expand on the core code of conduct. For
example the Nursing and Midwifery Council issues guidance on matters such as
whistle blowing, record keeping and the care of older people and their carers.
6.63 Most of the regulators issue detailed internal guidance for members of staff or
committee members. For example, most regulators issue indicative sanctions
guidance to promote consistency and transparency in decision-making by Fitness
to Practise Panels or Committees. Mr Justice Collins stated that each Panel
“must have regard to [indicative sanctions guidance] although obviously each
case will depend on its own facts and guidance is what it says and must not be
regarded as laying down a rigid tariff”. 53
6.64 Depending on the profession, there are other professional bodies and
stakeholders that share the task of developing, disseminating and ensuring good
practice alongside the regulators.
Provisional view
6.65 Three main concerns arise in this area. The first relates to the sheer volume of
professional guidance. The professional code of conduct may not necessarily be
central to a practitioner’s practice as it must compete with other guidance,
including guidance issued by professional bodies and Government. 54 In effect,
the guidance issued by the regulators will only be one of several overlapping
sources of practice, ethical and legal guidance. 55 There is a danger of overload
and unnecessary duplication. We welcome further views particularly from
professionals on this point. Of course, the regulators are not the sole or even the
52 Opticians Act 1989, s 27.
53 Council for the Regulation of Healthcare Professionals v General Medical Council [2004]
EWHC 1850 (Admin), [2004] All ER (D) 563 (Jul) at [24].
54 However, the regulators’ obligatory professional guidance would override guidance from
professional bodies which would not be mandatory.
55 For an example, see the discussion of the duty of candour provided earlier in this Part.
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