Optician Solicitor

If you are an optician accused of professional negligence, the professional defence solicitors at JMW can provide the legal advice you will need to defend yourself. We will help you handle any dealings with the General Optical Council (GOC), and ensure you provide the right responses when under investigation to achieve the best possible outcome.

We understand that facing these allegations can be stressful and overwhelming, but we will work tirelessly to protect your livelihood and reputation. With our in-depth knowledge of GOC regulations and compliance processes, we can give you the right guidance for your particular circumstances.

JMW offers a 24-hour helpline for individuals facing investigations by the GOC or other healthcare regulators. Contact our knowledgeable professional defence solicitors for opticians by calling 0345 872 6666, or complete our online enquiry form to request a call back at your convenience

How JMW Can Help

If you are facing an investigation by the GOC, the team at JMW Solicitors is here to advise you on your legal rights and responsibilities, and to help you to make the best choices throughout the legal process, based on our many years of experience.

We can represent you whether you are a member of a professional defence union or not, and will support you in the following ways:

• Explaining and advising on what will be expected from you during the investigation process, and breaking down the relevant legislation
• Preparing correspondence and responses to the GOC on your behalf
• Helping you prepare for any committee meetings you need to attend
• Representing you in official hearings and in court
• Advising you on how to handle the final ruling, including how to lodge an appeal against a suspension or removal from the register

No matter what the circumstances of your case may be, we will gather together all of the available evidence to help you put together the strongest possible defence. It is essential that you contact a solicitor as soon as possible to give you the best chance of securing the desired outcome.

Our Professional Regulation and Discipline Team

Who Can Our GOC Fitness to Practise Solicitors Help?

At JMW, our legal advisors can support a range of professionals who offer eye care services across all of the GOC's registration categories. Our specialists offer a professional service and strong legal advice to:

• Optometrists
• Dispensing opticians
• Contact lens opticians
• Optical businesses

Whether we are defending a registrant's fitness to practise, or helping them to comply with an investigation, we stand by every client from the outset to deliver the best possible outcome in their circumstances.

Should You Contact the GOC Yourself?

While a GOC investigation can be a matter of serious concern, it is important to remain calm and seek legal advice. Contacting the GOC or entering into the process without the support of a legal expert can jeopardise your position and potentially lead to more serious outcomes.

A GOC investigation can have a severe impact on your reputation and career. In the most serious cases, a professional who is found to have failed to uphold high standards in their work may be removed from the register and left unable to practise. To give yourself the best possible chance of avoiding this outcome, discuss your circumstances with the team at JMW before the investigation begins.

How Does the GOC’s Investigation Process Work?

If a concern has been raised about an optometrist, dispensing optician, student registrant or optical business, the GOC will first decide whether the matter should move beyond its initial triage stage. Some concerns may require no further action, while others justify a formal investigation. If an investigation is opened, the process will generally proceed as follows:

1. The GOC will gather relevant evidence, which may include clinical records, witness statements and independent expert clinical opinion.
2. The evidence gathered will be sent to the registrant, who will be given an opportunity to make written representations before the case is considered further. The complainant may also be invited to comment on those representations.
3. The case will usually be considered by two case examiners, one registrant and one lay. They may decide to take no further action, issue advice, issue a warning, refer the case to the Fitness to Practise Committee, or refer it to the Investigation Committee if they cannot agree or if a health or performance assessment is required.

The investigation process can last for many months, especially if the case is referred to a Fitness to Practise Committee. You should use this period to prepare a strong response and any supporting evidence. Providing comprehensive and persuasive representations during the investigation stage can make the difference between a case being closed, resolved with advice or a warning, or referred to a full hearing, so it is vital to seek professional legal advice before submitting a formal response.

GOC interim orders and immediate suspension

Because an investigation can last for a long time, the GOC may apply for an interim order where it considers that urgent restrictions are needed before the case is finally resolved. Interim orders are not imposed automatically and are considered by an interim orders panel.

An interim order is a temporary restriction imposed while a fitness-to-practise investigation or hearing process remains unresolved. It is not a final finding that the optometrist, dispensing optician, student registrant or business did anything wrong, but is intended to manage any immediate risk to patients, the public interest or the registrant’s own interests while the facts are investigated.

The interim order can either:

• Suspend the registrant from the register immediately, or
• Allow them to remain registered only if they comply with specific conditions.

Naturally, this can make the investigation much more difficult, but it is possible to resist an application for interim restrictions with legal support. Our team can represent you at an interim order hearing and make submissions on why no order is necessary, or why proportionate conditions would be more appropriate than suspension.

What Is a GOC Fitness to Practise Hearing?

If a case is referred to the Fitness to Practise Committee, it will carry out its own assessment of the allegations. Hearings are usually public, although some or all of a case may be heard in private, for example where health or sensitive personal matters are involved. Hearings may arise where there are concerns that a professional’s conduct, performance, health or other circumstances could put patients at risk, undermine public confidence in the profession or breach the standards expected of GOC registrants.

During the hearing, the GOC presents its case against the optometrist, dispensing optician, student registrant or business registrant. Both parties can produce evidence for consideration, including documents and witness evidence, where relevant. The registrant can respond, give evidence, make submissions and call witnesses with the assistance of their legal representative.

Based on the evidence, the committee must decide whether:

1. the allegations are established;
2. fitness to practise is impaired; and
3. whether a sanction should be imposed.

If impairment is found, the panel decides what outcome or sanction is appropriate and proportionate. If impairment is not found, the panel may take no further action or may issue a warning about future conduct or performance. Your solicitor will offer advice on the outcomes you can expect and work to deliver the best possible result.

What Are the GOC Sanctions and Can You Appeal?

If the Fitness to Practise Committee decides that a registrant’s fitness to practise is impaired, it may impose one of the following sanctions:

• A financial penalty of up to £50,000
• Conditional registration, allowing you to remain on the register only if you comply with specified conditions
• Suspension from the register for up to 12 months
• Erasure from the relevant register, meaning you are no longer able to practise as an optometrist or dispensing optician, or continue as a student registrant, while erased

Most sanctions come into effect 28 days after the substantive hearing unless an immediate order is imposed. A registrant can usually appeal a Fitness to Practise Committee decision to the High Court within 28 days of the decision being served. If you believe that a decision was unjustified or disproportionate, seeking professional legal advice quickly can be instrumental in assessing whether there are grounds to challenge it.

Q

How long does a GOC investigation take?

A

A GOC investigation can take months, and more complex cases can take a year or longer. The length depends on things like how much evidence is needed, whether clinical or other expert input is required, whether witness evidence is needed and how many witnesses are involved. If investigations are referred to a hearing, the matter will usually take longer, but a solicitor can advise you on what to expect during the process.

Q

Can I appeal a GOC decision?

A

A registrant can usually appeal a GOC Fitness to Practise Committee decision to the High Court within 28 days from when the decision is served. It is important to act quickly and seek legal support to help you assess your position, because appeal rights are time-sensitive and the grounds of appeal will depend on the facts, the procedure followed and the reasons given by the panel.

Q

Do I need a solicitor for an interim order hearing?

A

It is highly advisable to have a solicitor represent you during an interim order hearing, because this can affect your ability to work immediately, before the main GOC investigation is finished.

A solicitor can argue against an order being imposed at all, or push for conditions instead of suspension to allow you to keep practising where that is proportionate. At JMW, we specialise in challenging the GOC’s evidence and framing, especially where allegations are untested, and can protect your position for the wider Fitness to Practise case, so you do not accidentally say something that harms you later.