Regulatory Law
Opticians

We handle cases where opticians are being investigated by their regulatory body, the General Optical Council (GOC).

The Regulatory Process

In the United Kingdom, optometrists and dispensing opticians are regulated by the General Optical Council (GOC), which is responsible for maintaining the professional registers and investigating concerns about fitness to practise. Where a concern is raised, the GOC will initially assess whether the matter warrants a formal investigation. If the matter proceeds, evidence will be gathered from relevant sources, including clinical records, witness statements and expert opinions where appropriate. The optician will be notified of the investigation and given an opportunity to respond to the allegations.

At the conclusion of the investigation, the matter is considered by two GOC Case Examiners, one being a registered optical professional and the other a lay member. The Case Examiners may decide to take no further action, provide advice, issue a warning, or refer the case to the Fitness to Practise Committee for a formal hearing. Where the Case Examiners cannot agree, or where an assessment of the optician’s health or performance is required, the matter may be referred to the Investigation Committee. Where necessary to protect the public, otherwise in the public interest, or in the interests of the optician, the Fitness to Practise Committee may also impose an interim order suspending registration or imposing temporary conditions while the investigation or proceedings continue.

Formal hearings are conducted by an independent panel of the GOC’s Fitness to Practise Committee. At the hearing, the optician is entitled to attend, make representations, call witnesses and submit evidence in their defence. The Committee will determine whether the factual allegations have been proved on the balance of probabilities and whether the optician’s fitness to practise is currently impaired.

If the Committee determines that the optician’s fitness to practise is impaired, sanctions may include a financial penalty of up to £50,000, conditions on registration for up to three years, suspension from the register for up to 12 months, or erasure from the register. Conditions and suspensions may be reviewed and, where appropriate, extended. Where the Committee determines that fitness to practise is not impaired, it may nevertheless issue a warning concerning future conduct or performance. Where impairment arises solely from adverse physical or mental health, erasure and financial penalties are not available, although the Committee may impose conditions on registration or suspension.

Erasure prevents the optician from practising as an optometrist or dispensing optician unless and until their registration is restored. An optician who has been erased from the register may apply for restoration after 22 months, although the application cannot be considered by the Registration Appeals Committee until two years have elapsed from the date of erasure. Restoration is not automatic, and the Committee must require satisfactory evidence of the applicant’s fitness to practise before directing restoration. Where a second or subsequent restoration application is unsuccessful, the Committee may suspend indefinitely the optician’s right to make further applications. Such a direction may be appealed to the relevant court within 28 days of notification being served. Alternatively, the optician may apply for a review of the suspension after two years, with subsequent review applications subject to a minimum interval of three years from the most recent review decision.

An optician may appeal against an appealable decision of the Fitness to Practise Committee to the High Court in England and Wales or Northern Ireland, or to the Court of Session in Scotland, generally within 28 days of the decision being served. In addition, the Professional Standards Authority (PSA) has the power to refer certain decisions of the GOC’s Fitness to Practise Committee to the relevant court where it considers that the outcome is insufficient to protect the public. Consequently, even where an optician receives a relatively lenient sanction, the decision may subsequently be challenged and a more severe outcome may result.

Internal Disciplinary Proceedings

We also assist and represent opticians where they are the subject of internal disciplinary proceedings by their employer.

What To Do If Regulatory Proceedings Are Commenced Against You

Should internal disciplinary proceedings or GOC regulatory proceedings be commenced against you, then please either telephone us on 0333 301 0700, or complete our questionnaire.