Paediatrician David Southall should not be struck off the medical register for accusing the husband of Sally Clark of killing their children, a High Court judge ruled last week, writes Amy Taylor.
Mr Justice Collins said the General Medical Council’s ruling which bans Southall’s involvement in child protection work for three years, imposed after it found him guilty of serious professional misconduct, was a “severe indeed” sanction and would “produce a sufficient deterrent effect”.
Despite this Collins said that the condition was “unduly lenient” and should be tightened up.
Southall accused Steve Clark of killing his sons, Christopher and Harry, after he watched a television documentary about the case in April 2000. Sally Clark was convicted of murdering her two babies in 1999 but was cleared at the Court of Appeal in 2003.
Southall, who worked at the University of North Staffordshire, Stoke-on-Trent, was called to stand before the Professional Conduct Committee of the GMC after making the accusations.
Last August, it found him guilty of serious professional misconduct but the Council for Healthcare Regulatory Excellence (CHRE), an independent watchdog set up to ensure proper regulation of the medical professions, challenged the punishment in the High Court arguing that it was not harsh enough.
After the ruling Julie Stone, deputy director of the CHRE, said she welcomed the ruling. “CHRE’s view was that original conditions on Professor Southall failed to protect the public adequately.
“The judge agreed and has today confirmed the need to strengthen the constraints on Professor Southall’s practice in relation to child protection cases.”
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