Commentary on Sections The Council for the Regulation of Health Care Professionals Section 29: Reference of disciplinary cases by Council to court
163.Section 29 gives the Council the power to refer a fitness to practise decision by a regulatory body to the High Court where this seems to it to be desirable for the protection of the public.  It is envisaged that the Council would do this in extreme cases where the public interest in having a clearly perverse decision reviewed by a Court outweighs the public interest in the independent operation of self-regulation. Where such a case was referred to the High Court, the Court would have the power to substitute its own decision for the one referred to it, or if it preferred to refer the case back to the regulatory body for re-hearing.  Existing Court Rules protect the rights of the professional whose case was being heard by ensuring that he or she becomes a “respondent” in the appeal, that is, has a right to be represented at the appeal hearing.