Katie Clarke

Practice Areas

Katie Clarke is Of Counsel in the Professional Discipline and Regulatory Team. Since 2008, Katie has specialised in professional disciplinary and regulatory law with a focus on the health care, social care and education sectors.

Katie has extensive experience advising clients in respect of the regulatory regimes in place in all four jurisdictions of the UK. This involves a variety of establishments including care homes, independent special schools/colleges, children’s homes, private hospitals/clinics, and fostering services. Katie provides complex technical advice concerning emerging regulation or where innovative approaches fit within the current regulatory regime, which often involve the use of technology or cross-jurisdiction delivery of services. She advises in respect of regulatory due diligence, undertakes internal investigations (including in respect of quality assessment, governance and safeguarding) and advises on challenges to the inspection findings of regulatory bodies including by way of judicial review.

Katie acts on behalf of both the regulators (prosecuting practitioners) and regulated individuals (defending practitioners) in professional disciplinary proceedings and other associated proceedings such as statutory appeals, Inquests (including advice concerning Prevention of Future Deaths reports), criminal investigations and judicial reviews. Katie is instructed in complex and technical cases including those involving allegations of dishonesty and sexual misconduct. Katie regularly represents clients such as the General Optical Council, General Pharmaceutical Council, Medical Defence Union and Medical Protection Society.

Professional Memberships

September 2019 to September 2021 appointment to the Panel of British Cycling’s Safeguarding Case Management Group.

Member of the Association of Professional Disciplinary Lawyers.

Work Highlights

Various investor clients and organisations in the health, social care and education sectors in relation to the regulatory requirements and scope of registration for establishments such as independent schools, foster agencies, care homes, children’s homes, hospitals and colleges across the UK (including transactions valued at GBP 1bn). This includes advice regarding regulatory inspection outcomes and challenges to the relevant regulatory bodies throughout the UK (for example, Ofsted, the Care Quality Commission), advice in respect of safeguarding incidents and investigations, the involvement of technology (for example telemedicine), structuring of Groups including those involving multiple jurisdictions, regulatory compliance and governance.

A doctor on behalf of the Medical Defence Union in respect of criminal proceedings and linked General Medical Council proceedings. The criminal proceedings include 14 counts of historic sexual assault against a number of patients. The proceedings have included various applications, including bad character, abuse of process, fitness to stand trial and an application to the Attorney General for a Nolle Prosequi.

An NHS Trust in relation to a multi-party safeguarding investigation in conjunction with the Clinical Commissioning Group and Council. This included conducting an investigation on the papers together with interviews, then preparing a report concerning the findings.

Investors in a large organisation of children and adult service provisions in – conducting an investigation in relation to one of the largest children and adult services provisions in the UK following Police involvement and suspension of registration of a children’s home. The investigation incorporated all children’s services (children’s homes and independent special schools) and a sample of the adult services provisions to ensure compliance with the regulatory framework and that policies and processes were properly embedded.

A leading broadcaster – advising in relation to the regulatory framework applicable to the provision of remote private GP services (via telephone and video) as a service to be provided to staff members via a third party as a benefit. This included advice prior to commencing the procurement process including in respect of the healthcare areas of the Contract Terms to be issued to the successful provider.

General Optical Council in relation to range of registrants including businesses, optometrists and dispensing opticians. Including advising in respect of linked cases concerning complex areas with overlapping scope of a number of regulatory bodies.

General Pharmaceutical Council in relation to investigations concerning complex issues such as fraudulent prescriptions, failure to follow appropriate processes, and cases where the alleged misconduct relates to issuing and shipping drugs illegally outside of the UK without appropriate licences.

Education