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  1. To Members who have helped me before and possibly others who may read this post and the background before, I wanted to pick your brains once again, if I may please. The purpose of this query is to get your perspectives on the nature of my grievance and what I'm calling an 'infringement of my personal rights and privacy which occurred in the 'professional panel' hearing where I was giving evidence. I have requested and received the terms of reference which guided the panel in investigating the matter at hand, against their registrant who was accused of theft. Firstly, here are the points which were NOT in dispute: (a) substantial quantities of prescription medications with inmate's names were stolen from a prison where the accused had access through her work (which has nothing to do with me); (b) the medications were stored and hidden at location 'X' where both the accused and me had access (200 miles from the prison where the medication came from, stored & hidden without my knowledge); (c) all stolen medication was accounted for and (d) on discovering the hoard of medications, I approached the accused who did not cooperate, following which I reported the matter to the relevant authorities including the police. Terms of reference provided by the professional panel: (i) Theft of medication; (ii) Breach of patient confidentiality (please see attachment - LAST PAGE as marked in red]). I need to properly articulate the nature of the infringement of my personal rights and privacy, bearing in mind that the professional panel was held in public. This is based on the fact that counsel for the accused made a 'quantum leap' from the terms of reference to interrogating me about my personal medications, my personal relationships - past and present, my marriage, civil matters which I was pursuing through the court in relation to personal matters. The chairperson of the panel made no attempt to intervene when it was within her power to do so - as to the line of questioning which had no relevance to the matter being investigated. I'm a strong boy, but some of the interrogation was all so unnecessarily distressing and I became quite distraught given that I was in a public arena. I am seeking help as follows: (a) is my thinking right that my personal rights were needlessly trampled, correct? (b) if so, what specific legislation do I need to read up on? I'd be grateful for your help. [please see attachment - LAST PAGE as marked in red] Terms of Reference_14114721.pdf
  2. Mycathasfleas - thank you once again for taking the time and trouble to read and respond to my query. I agree with your conclusion but I wish I was able to pursue the matter in that direction. I have just learnt that a law student I know has asked a qualified lawyer on my behalf and has been told - The notion of immunity for such panels primarily stems from the desire to allow them to perform their duties without fear of being sued for their decisions. This is based on the principle of judicial immunity, which is extended to certain functions and roles that are quasi-judicial in nature. Fitness to Practice panels often fall into this category, as they make decisions regarding the professional conduct and competence of individuals in various fields. However, this immunity is not absolute. It is generally limited to acts carried out in the course of the panel's official functions and is intended to protect members from personal liability for decisions made in good faith and within the scope of their authority. If a panel acts outside its remit, engages in conduct that is ultra vires (beyond its legal power or authority), or if there is evidence of bad faith, malice, or gross negligence, then the immunity might not apply. This is work in progress as I need to do more research. This the matter put me to considerable detriment.
  3. Hello Mycathasfleas and other Members - I've done some additional research following the steer provided by Mycathasfleas (thank you, very much) and it's clear to me that the 'Fitness to Practice' panel went far beyond their remit and disregarded the protection of my personal and privacy rights to, in my opinion, an unacceptable level. The personal aspects raised in relation to the matter in question were of no relevance. I now have a copy of the Fitness to Practice's 'Terms of Reference' & key lines of enquiry in relation to the matter which they were investigating against their registrant, this did not have the slightest tenuous link to the personal questions which were put in the public domain without my consent. The question I wanted to ask is whether such panels as this - the 'Fitness to Practice' panel are immune from civil action. I'm asking because a fellow worker seemed to think that they are 'immune' from civil action due to the fact that if they are open to litigation, they will be less effective because they will not be able to rigorously challenge the evidence as well as the credibility of the Witnesses who testify against accused professionals. I would welcome your comments, thoughts and steer please, particularly if you are aware of where I can look for reference/background material. I hope you can help.
  4. Thank you, dx100uk, unclehr and il buono - I'm grateful for the time taken to read my posts and your actionable follow-up comments. In answer to Il buono's two questions, the answer is 'yes' to both questions. I will use your constructive comments to inform my next actions which I've already commenced. For example, I've gone back to Court Services Limited to ask some key questions, mindful that their attitude might be not to revisit this case again. I will use the Subject Access Request route if they prove unwilling to share information. With regards to the debtor, it seems the next step is to look into the provisions for obtaining information from them with a view to then applying for an attachment of earnings. Many thanks once again to you all.
  5. Hello jk2054 - thank you for responding to my earlier note. I'm sorry for the delay in getting back to you on your latter point. I'm more than happy to share the breakdown of the financials as they were presented to me by CES, please see below: Debt: 1095.75; Paid: 450.00; Interest: 74.21; Fees + VAT: 326.89; Balance: 1046.85 So, for every £50 instalment the debtor paid, CES deducted 18.5% I have no way of checking the make/model of the debtor's vehicle. I have gone back to CES to reiterate that the debtor most certainly has a vehicle, and also requested a clearer picture of the fee structure considering that they have already taken 70% of the amount paid.
  6. Thank you, once again - Il buono and jk2054. 1. I have no way of checking the debtor's vehicle, but I know from their lifestyle, needs and wants that they most certainly have a vehicle. We live in diametrical geographical locations. 2. I will most certainly pursue and exhaust the Court Enforcement Services Limited route as the fees they took from the transactions is absolutely disproportionate to the fraction of the debt that was recovered - so thank you for this steer, it costs me nothing be persistent. 3. I cannot say HCE ignored the vehicle - but they said there was no vehicle they could link to the debtor. I thank you heartily for your steer, thoughts and ideas.
  7. Thank you dx100uk, I absolutely get it. I'm also doing some research and I've found this website and I'm assessing my options as well taking up your suggestion - What to do if a defendant doesn't pay money after judgment (EX321) - GOV.UK (www.gov.uk) Many thanks once again & Best wishes for 2024 to you All.
  8. Hello dx100uk; Jk2054 and il buono Thank you all for sparing some time to read my post and offer some constructive advice which has been a source of some learning for me as I'm very much a beginner at this sort of thing. I'm genuinely and truly grateful to you all. I'm now using the information you have provided and to formulate and plan the next steps. I will probably try a two-pronged approach: (i) go back to Court Enforcement Services Limited and certain assertions pertaining to the fee they took and the discrepancy around the alleged lack of external assets. (ii) put in motion an N337. I'm assuming that the DCBL has similar limitations to Court Enforcement Services Limited and they might not be able to enter the debtor’s property. Please let me know if my assumption is wrong. With regards to information about the debtor such as place of work, are there any provisions in the court procedures for getting this type of information? With many thanks.
  9. Thank you dx100uk and Jk2054 for taking the time and trouble to read and respond to my post. I find your responses helpful. Thank you for re-labelling the title which I had titled wrongly due to my ignorance. With regards to partial enforcement, I am sorry I should have clarified that the company which I had instructed (Court Enforcement Services Limited), to enforce the CCJ only collected a fraction of the debt before the debtor stopped payments. This led Court Enforcement Services Limited to advise that they can no longer help me because the debtor doesn’t seem to have external assets which they could seize, and they could not enter the property by force to secure any property belonging to the debtor. With regards to filing enforcement proceedings with the Court, are you in a position to say what form I would need to kick start this process, please. The debtor is not self-employed. I know that they are a qualified engineer as well as a qualified and registered nurse. I would appreciate any assistance you might be able to throw at me, your time permitting.
  10. I would welcome help from Members in connection with the enforcement of a debt. The last letter from the High Court Enforcement Agent, a company which I had instructed reads as follows: Extract: "The agent in this instance reported that is unable to gain peaceful access into the property as the debtor refused entry and was not willing to discuss the matter. We have no right to force entry and as there were no external assets available to remove the agent has no alternative means to enforce this matter further." Are there other enforcement options I can consider, please? The sum of money involved is £1094; the debtor works as an engineer and I know that they do possess a motor vehicle. Despite not completing aborting their assignment, the debt collection agent took all of their fees from me as well as a deductions from the partial payments they received from the debtor. I would be grateful for any advice, steer and / or suggestions, please. With many thanks.
  11. Hello Mycathasfleas; I'm grateful to you for taking the time and trouble, not only to read my post but to study the issues and provide a helpful and offering some pointers. I have found some of the language you have used and the relevant legal sections you refer to helpful too. I will certainly weave some of these specifics in my communication with the public body concerned. In my opinion, there were unnecessary and avoidable clear breaches of personal privacy on matters which did not link to the subject matter. Even if there was a need to interrogate my credibility, the physical evidence was there and it had been established that this had been moved from the prison to another destination, a distance of over 200 miles. In other words, my personal information was not needed to solidify the allegation. Many thanks once again.
  12. I'm new to the Forum, I hope Members will bear with me, please. I'm seeking information from those who may have knowledge about Professional Panel Hearings. There was an infringement of my personal rights and privacy i.e. the right to respect for private and family life (as defined) which resulted in defamatory comments being made in public. 1. I was a witness in a case involving the theft of substantial quantities of medication, along with the names of the inmates to whom the medication was prescribed. 2. I stumbled on the medication and subsequently reported the matter to the authorities. I was NOT implicated or involved in the matter other than witnessing the physical presence of the quantities of medication which was in a place where it should not have been. 3. The Professional body responsible for taking action against their registrant professional and alleged perpetrator (a nurse) conducted a public hearing in public. I'm not a Nurse nor do I have any links with the health sector or prisons. 4. There was abundant physical evidence present to substantiate the allegations and there were other witnesses including senior prison staff called to the hearing. 5. In cross examination, I was questioned at length about (i) my relationship with the alleged perpetrator who was of the opposite sex and known to me, the relationship was put under the 'microscope', so to speak; (ii) assertions were made in cross examination about my own alleged prescription medication. 6.The matter was in the public interests as it concerned the theft of public sector resources by a public sector employee. Help, please: (i) Generally speaking or as a rule of thumb what elements do I need to focus on to show that my personal rights and privacy were trampled? (ii) Any comments generally, please? I would be grateful if members could please spare a few moments to help me with the above query.
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