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PROFESSIONAL DISCIPLINE • REGULATORY DEFENCE • PARALLEL INVESTIGATIONS

Professional Discipline & Regulatory Defence

A professional investigation can threaten livelihood, registration and reputation before any criminal case is resolved. Theodorous advises on the interaction between criminal allegations, disciplinary processes and regulatory risk, and accepts regulatory work where the matter falls within the firm's expertise and scope.

When criminal and professional risk overlap

For regulated professionals, an allegation may trigger several processes at once: a police investigation, an employer or internal investigation, a regulator notification, safeguarding action, suspension or conditions on practice. A statement made in one process can affect another, so the responses should be coordinated from the outset.

Do not treat each investigation as if it exists in isolation.

Before responding, identify who is asking the questions, the legal or contractual basis for the request, whether disclosure is compulsory, the deadline, and how the answer may be used elsewhere.

Issues we can assess

Criminal allegations

Police interviews, pre-charge strategy, bail, disclosure and court proceedings where the outcome may affect professional standing.

Regulatory notifications

Whether a matter may require reporting, what information is presently known and how to avoid unnecessary inconsistency with the criminal case.

Internal investigations

Written responses, interviews, documentary evidence and the relationship between an employer process and external proceedings.

Reputation and disclosure

DBS issues, publication risk, online material and other collateral consequences that can magnify the effect of the underlying allegation.

Solicitors and SRA-related issues

Where solicitors or law-firm personnel face allegations with criminal, integrity or conduct implications, we can assess the criminal case and the associated regulatory position. The SRA regime has its own duties and procedures; the timing and content of any notification or response should be considered carefully. We do not assume every regulatory matter falls within scope and will say at the outset if specialist external counsel or another regulatory specialist is required.

Other regulated professionals

The same coordination problem can arise for healthcare professionals, teachers, financial-services personnel, police officers and others subject to professional or statutory regulation. The precise regulator, code and tribunal procedure varies. Our role is defined case by case, with specialist counsel or co-counsel used where appropriate.

Self-reporting and early disclosure

Reporting too little can create a regulatory problem; reporting too much too early can prejudice a criminal defence or reveal untested allegations as if they were established facts. Before any notification, identify the actual duty, the information currently verified and the safest accurate formulation.

Evidence and consistency

Keep copies of interview notes, regulatory correspondence, HR documents, policies, emails, professional references and the underlying material relevant to the allegation. A disciplined document chronology helps prevent contradictions between different proceedings.

Frequently asked questions

Should I tell my regulator that I have been arrested?

That depends on the rules governing your profession and the circumstances. Check the applicable reporting obligation before deciding what must be disclosed and when.

Can I answer an employer investigation while a police case is open?

Sometimes, but the interaction needs careful thought. An internal statement can later be disclosed or relied upon. Take advice before giving a detailed account.

Will you represent me before every professional tribunal?

Not automatically. We assess the regulator, allegations and procedural stage first and confirm scope. Where another specialist or counsel is better placed for a particular tribunal, we can discuss that transparently.

What should I send you?

Send the regulator or employer letter, any police paperwork, the deadline for response, relevant policy or code if available, and a short chronology of what has happened.

MULTIPLE PROCEEDINGS?

One allegation can create several legal risks.

Before sending a detailed response, identify the criminal, regulatory and employment consequences together.

Speak to Theodorous