Infringement of personal rights & privacy: Professional Panel hearing - Advice sought

[Mycathasfleas]

Having dealt with witnesses in many criminal cases and other public tribunals. I am sorry to hear of your experience. Members of the public support the criminal justice system by giving evidence. Witnesses should not be abused during hearings, although some barristers seem to forget that. 

You have asked about a breach of your human rights and it seems you might be thinking of Article 7 - right to private life, by revealing your identity and intrusive questioning.

You say this was a public body holding a disciplinary hearing. So HR legislation would likely apply to that body. But try getting an explanation first. 

My first port of call would be the officer or official who led the investigation. Speak to them and follow up with a letter explaining your concerns. Ask them to put you in contact with the organisation (or part of it) that ran the hearing. There will usually be a secretariat who will direct your complaint to the right person. 

If a witness feels badly treated during a hearing, then it will be taken seriously. Without witnesses there could be no hearings or justice. Should an explanation be unsatisfactory then ask how to escalate the matter.

Grounds for withholding witnesses identities. This is usually dealt with at the preparation stage if harm might arise or justice thwarted. There is no general breach of Article 7 for identifying witnesses but it is not unusual to keep it out of the public record. 

In respect of intrusive questioning by defencr. The panel should have intervened if it became inappropriate. However the accused also has a right to a fair trial (Article 5) and a proper denfence. A balance must be found. 

I'm sorry if this seems unspecific. In my experience miscommunication is often at the bottom of witness issues. Perhaps there is a learning need you can highlight. 

 

[Mycathasfleas]

My experience regarding witness treatment comes from criminal courts in England and Wales and from staff association work and (unfortunately) appearing as a witness at employment tribunals. I would not give advice outside my experience. The Professional Qualifications Act 2022 enables appropriate regulations to be made by relevant bodies (eg Nursing and Midwifery Council). If you know the regulatory body there should be a pathway for complaints. Beyond that it feels like lawyer territory. Sorry I cannot be more help.