Ryan Donoghue

Ryan is regularly instructed to prosecute cases on behalf of the Care Quality Commission (CQC), the independent regulator of health and social care in England and Wales. Ryan also has significant experience in advising on cases at the pre-charge stage, including in relation to complex matters of causation and expert evidence.

Ryan also has experience in prosecuting offences on behalf of the Health and Safety executive and other regulatory agencies, including for offences involving the causation of serious injuries.

Ryan is a member of the List of Specialist Regulatory Advocates, currently at Level C, qualifying him to prosecute cases on behalf of various public regulators.

Ryan is also frequently instructed to represent the Care Quality Commission in First Tier Tribunal proceedings brought by or against the providers and managers of care and nursing homes, relating to restrictions placed upon their registration.

Notable Cases

• HSE v Yorkshire Game Farm (Leeds Magistrates’ Court – October 2024)
  

  Ryan represented the HSE in a criminal prosecution of a partnership for failures in gas safety which led to a gas explosion at a pheasant farm, causing life-changing injuries to an employee of the business. Press coverage of the case is available below:

  Yorkshire Post: https://www.yorkshirepost.co.uk/news/crime/family-owned-game-farm-in-yorkshire-fined-over-fire-in-pheasant-rearing-shed-that-left-worker-in-a-coma-with-severe-burns-4365453

• CQC v Nottingham University Hospitals NHS Foundation Trust (Nottingham Magistrates Court - January 2023)
  

  Ryan represented the CQC in the prosecution of an NHS Trust for failures in the care and treatment of an expectant mother and her unborn baby, following the death of the baby during childbirth. The Trust was fined a total of £800,000 and ordered to pay prosecution costs.

  Press coverage of the case is available below:

  BBC: https://www.bbc.com/news/uk-england-nottinghamshire-64422598

• CQC v Lifeways Community Care Ltd (Cheltenham Magistrates’ Court – September 2021)
  

  Ryan represented the CQC in a criminal prosecution brought against a private care home provider for failures in care provided to two vulnerable adults, which led to a serious assault in which the victim was left blind in one eye. The case also involved an interim application to stay the proceeding, in which Ryan was led by Paul Greaney KC.

  Press coverage of the case is available below:

  ITV: https://www.itv.com/news/westcountry/2021-09-29/resident-suffered-life-changing-injuries-in-care-home-attack

• CQC v East Kent Hospitals University NHS Foundation Trust (Folkestone Magistrates’ Court – June 2021)
  

  Ryan represented the CQC in the prosecution of an NHS Trust for failing to provide safe care and treatment, contrary to regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The case involved failures in the Trust’s care of an expectant mother and her unborn son, who sadly died following failures and complications during his birth. The case also involved complexities and expert evidence in respect of causation. The NHS Trust was fined £733,000 and ordered to pay prosecution costs of £28,000.

  Press coverage of the case is available below:

  BBC: https://www.bbc.co.uk/news/uk-england-kent-57512835

  Times: https://www.thetimes.co.uk/article/east-kent-hospitals-nhs-trust-fined-733-000-over-baby-harry-richfords-death-l0rmq8twr

  Independent: https://www.independent.co.uk/news/health/east-kent-nhs-baby-death-fine-b1868473.html

• CQC v Spire Healthcare Ltd (Leeds Magistrates’ Court – April 2021):
  

  Ryan represented the CQC in only its second prosecution of a healthcare provider for a breach of regulation 20 of the 2014 Regulations – the duty of candour. The case involved failures on the part of the defendant to appropriately and expeditiously communicate with patients following issues being identified in the care provided to them by an upper-limb surgeon. The defendant was fined £5,000 and ordered to pay prosecution costs of over £14,000.

  Press coverage of the case is available below:

  BBC: https://www.bbc.co.uk/news/uk-england-leeds-56931154

• CQC v Ideal Care Homes Ltd (Nottingham Magistrates’ Court – May 2021)
  

  Ryan represented the CQC in the prosecution of a care home provider for breaches of regulation 12 of the 2014 Regulations. The case involved failures in the care provided to a vulnerable resident who was assaulted by another resident who exhibited dementia-related aggression. The defendant was fined £140,000 and ordered to pay prosecution costs.

  Press coverage of the case is available below:

  Nottingham Post:

• CQC v Sentinel Healthcare Ltd (West Hampshire Magistrates’ Court – November 2020
  

  Ryan represented the CQC in the prosecution of a care home provider for breaches of regulation 12 of the 2014 Regulations, in a case that led to the death of a resident from Legionnaire’s Disease. The case involved complex issues related to the safety of water systems and sufficiency of risk assessments to protect residents and staff from the risks of legionella bacteria. The defendant was fined £150,000 and ordered to pay prosecution costs.

  Press coverage of the case is available below:

  BBC: https://www.bbc.co.uk/news/uk-england-hampshire-55092312

• CQC v Derbyshire County Council (Chesterfield Magistrates’ Court – December 2019):
  

  Ryan represented the CQC in its first prosecution of a local authority, for failing to provide safe care and treatment, contrary to regulation 12 of the 2014 Regulations. The failures related to the management of falls at a care home, which led to the death of an elderly resident. The Council was fined £500,000, which at the time was the highest fine imposed upon a defendant in any proceedings brought by the Commission.

  Press coverage of the case is available below:

  BBC: https://www.bbc.co.uk/news/uk-england-derbyshire-50715988

  Derbyshire Times: https://www.derbyshiretimes.co.uk/news/crime/council-fined-ps500000-over-care-failures-following-retired-chesterfield-midwifes-death-1336776

• RSPCA v Brazil & others (Leeds Magistrates’ Court – November 2018)
  

  Ryan represented at trial one of three family members charged with breaching a disqualification under section 34 of the Animal Welfare Act 2006 and causing unnecessary suffering to an animal under section 4 of the same Act. The case involved expert veterinary evidence regarding the development and treatment of a complex ear condition of an American Bulldog.

Ryan has a rapidly developing professional discipline practice and has been instructed in a broad range of cases before various professional regulators. Ryan is a member of the General Medical Council’s Approved Counsel Panel, enabling him to represent the GMC in Fitness to Practise proceedings in the Medical Practitioners Tribunal. Ryan is regularly instructed to act in proceedings involving allegations of criminal conviction, misconduct (including clinical misconduct and dishonesty) and adverse health.

Ryan also has experience in representing police officers facing misconduct proceedings, including cases involving allegations of sub-standard investigation and improper recording practices, and has represented Social Work England on multiple occasions in misconduct proceedings brought against social workers.

Ryan is also increasingly instructed to represent professional, semi-professional and amateur sportspersons facing misconduct and similar proceedings before their sport’s regulatory body. Ryan has appeared before the National Safeguarding Panel and the Rugby Football League’s Operational Rules Tribunal.

Notable Cases

• Rugby Football League v G (July 2023)
  

  Ryan represented the Head Coach of an amateur rugby league football team who faced proceedings before the RFL’s Operational Rule Tribunal alleging breaches of the RFL’s concussion protocols. It was alleged that the coach, along with the Assistant Coach and First Aider, had breached concussion protocols by allowing a child to return to the field of play following an obvious concussion injury. The case against Ryan’s client was dismissed at the final hearing.

• British Gymnastics v C (one of eight respondents) (May 2023)
  

  Ryan represented one of a number of gymnastics coaches who faced proceedings brought by British Gymnastics relating to alleged improper practices in safeguarding, weight management, stretching and emotional abuse. The case against Ryan’s client was dismissed in its entirety at the final hearing.

• British Ice Skating v X (July 2022)
  

  Ryan was led by Jason Pitter KC, representing a former professional ice skater who faced proceedings before the National Safeguarding Panel, relating to allegations of historic sexual offences. The case against the professional was dismissed in its entirety at the final hearing.

• GMC v Dr Adrian Harrop (November 2021)
  

  Ryan represented the GMC in misconduct proceedings brought against a General Practitioner who was also a prominent transgender rights activist. The case related to the doctor’s use of the social media platform Twitter and resulted in a 1-month suspension from practice.

  Press coverage of the case is available below:

  Times: https://www.thetimes.co.uk/article/gp-suspended-over-offensive-tweets-to-people-who-oppose-trans-rights-9zmrp236v

• GMC v Professor Justin Stebbing (December 2021)
  

  Led by Sharon Beattie KC, Ryan represented the GMC in misconduct proceedings brought against a high-profile oncologist. The case involved allegations of inadequate clinical care provided to 12 patients and also separate allegations of dishonesty and resulted in a 9-month suspension from practice.

  Press coverage of the case is available below:

  Times: https://www.thetimes.co.uk/article/doctor-god-justin-stebbing-avoids-being-struck-off-for-dishonesty-after-patients-rally-in-support-5g5hpswdv

• Re: Detective Constable X (March 2021)
  

  Led by Jason Pitter KC, Ryan represented a Detective Constable charged with gross misconduct in relation to his handling of an investigation into the alleged rape of a child.