ABSTRACT
This chapter explores the concept of 'competence' in detail, considering how the ways in which competence is constructed and understood have significant effects on commonly discussed ethico-legal concepts such as duty, accountability and whistle-blowing. It argues that the ways in which professionals identify, understand and define the 'problem' of competence determine the ways in which the core notion of duty is understood and, as such, shapes the ethico-legal response to questions of poor performance, both individually and collectively. A case study in the chapter reviews key arguments and principles. It focuses on to the concept of clinical competence and the problems of poor performance or under-performance, with particular reference to primary care. The chapter discusses the situation where a pattern of behaviour and performance has emerged over time, such as to raise questions about the professional's competence. It also discusses the ways in which colleagues and other professionals may respond to those questions.
