Nursing and Midwifery Council:
|
|
- Dinah Park
- 5 years ago
- Views:
Transcription
1 Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing 16 July 2018 Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE Name of registrant: NMC PIN: Part(s) of the register: Area of Registered Address: Type of Case: Panel Members: Legal Assessor: Panel Secretary: Registrant: Nursing and Midwifery Council: John Darnley 96Y0079E Registered Nurse Sub Part One Adult Nursing 22 March 1999 England Misconduct and Health Sara Nathan (Chair, lay member) Judith Robbins (Registrant member) Christine Moody (Lay member) Douglas Readings Lesley Rudd Not present but represented by Chris Geerings, Counsel instructed by Royal College of Nursing (RCN) Represented by Assad Badruddin, Case Presenter. Consensual Panel Determination: Facts proved: Fitness to practise: Sanction: Interim Order: Accepted All Impaired 6 months suspension order 18 months suspension order 1
2 Details of charge (as amended): That you a Registered Nurse; 1) Suffer from the condition(s) set out in Schedule 1 below. 2) You received a Police Caution for Battery on 4 July 2017 and did not declare it to: 2.1 Nursing and Midwifery Council between 4 July 2017 and 15 October 2017; 2.2 Royal Free London NHS Foundation Trust. And in light of Charge 1 above, and any consequential mental disorder and/or physical health condition(s), your fitness to practise is impaired by reason of your physical and/or mental health; and in light of charge 2 above your fitness to practise is impaired by reason of your misconduct. 2
3 Decision and reasons on application to amend the charge The panel heard an application made by Mr Badruddin, on behalf of the NMC, to amend the wording of charge two. The proposed amendment was to include the time period for which the charge is relevant. It was submitted by Mr Badruddin that the proposed amendment would provide clarity and more accurately reflect the evidence. 2. You received a Police Caution for Battery on 4 July 2017 and did not declare it to: 2.1 Nursing and Midwifery Council between 4 July 2017 and 15 October 2017; On behalf of Mr Darnley, Mr Geerings accepted that the change is fair and appropriate. The panel accepted the advice of the legal assessor that Rule 28 of the Rules states: 28. (1) At any stage before making its findings of fact, in accordance with rule 24(5) or (11), the Investigating Committee (where the allegation relates to a fraudulent or incorrect entry in the register) or the Fitness to Practise Committee, may amend (a) (b) the charge set out in the notice of hearing; or the facts set out in the charge, on which the allegation is based, unless, having regard to the merits of the case and the fairness of the proceedings, the required amendment cannot be made without injustice. (2) Before making any amendment under paragraph (1), the Committee shall consider any representations from the parties on this issue. 3
4 The panel was of the view that such an amendment, as applied for, was in the interest of justice. The panel was satisfied that there would be no prejudice to Mr Darnley and no injustice would be caused to either party by the proposed amendment being allowed. It was therefore appropriate to allow the amendment, as applied for, to ensure clarity and accuracy. Decision and reasons on application under Rule 19 At the outset of the hearing Mr Badruddin made a request that the hearing of Mr Darnley s case be held in private on the basis that proper exploration of this case involves his health. The application was made pursuant to Rule 19 of the Rules. Mr Geerings indicated that he supported the application. The legal assessor reminded the panel that while Rule 19 (1) provides, as a starting point, that hearings shall be conducted in public, Rule 19 (3) states that the panel may hold hearings partly or wholly in private if it is satisfied that this is justified by the interests of any party or by the public interest. Rule 19 states 19. (1) Subject to paragraphs (2) and (3) below, hearings shall be conducted in public. (2) Subject to paragraph (2A), a hearing before the Fitness to Practise Committee which relates solely to an allegation concerning the registrant s physical or mental health must be conducted in private. (2A) All or part of the hearing referred to in paragraph (2) may be held in public where the Fitness to Practise Committee 4
5 (a) having given the parties, and any third party whom the Committee considers it appropriate to hear, an opportunity to make representations; and (b) having obtained the advice of the legal assessor, is satisfied that the public interest or the interests of any third party outweigh the need to protect the privacy or confidentiality of the registrant. (3) Hearings other than those referred to in paragraph (2) above may be held, wholly or partly, in private if the Committee is satisfied (a) (b) having given the parties, and any third party from whom the Committee considers it appropriate to hear, an opportunity to make representations; and having obtained the advice of the legal assessor, that this is justified (and outweighs any prejudice) by the interests of any party or of any third party (including a complainant, witness or patient) or by the public interest. (4) In this rule, in private means conducted in the presence of every party and any person representing a party, but otherwise excluding the public. Having heard that the case relates to Mr Darnley s health, the panel determined to hold the hearing entirely in private. 5
6 At the outset of this hearing, Mr Badruddin, on behalf of the NMC, informed the panel that prior to this hearing a provisional agreement of a consensual panel determination ( CPD ) provisional agreement ( the CPD agreement ) had been reached with regard to this case between the NMC and Mr Darnley. The agreement, which was put before the panel, sets out Mr Darnley s full admissions to the facts alleged in the charges, that some of his actions amounted to misconduct, and that his fitness to practise is currently impaired by reason of his misconduct [PRIVATE]. It is further stated in the agreement that an appropriate sanction in this case would be a 6 month suspension order. The panel has considered the provisional agreement reached by the parties. That provisional agreement reads as follows: Consensual Panel Determination: Provisional Agreement 1. John Darnley ( the Registrant ) is aware of the Consensual Panel Determination ( CPD ) hearing. The registrant does not intend to attend the hearing and is content for it to proceed in his and his representative s absence. The Registrant will endeavour to be available by telephone should any clarification on any point be required. 2. The Nursing and Midwifery Council ( the NMC ) and the Registrant PIN 96Y0079E ( the parties ) agree as follows; Preliminary Issues: Amendment of charges 6
7 3. The parties jointly invite the Panel to make the following amendments to the charge in accordance with Rule 28 of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 [ The Rules ]. The Panel has the power to amend the charge so long as this can be done without injustice. 4. The Parties agree that the proposed amendments do not change the allegations materially, but simply set out the charges in a way which more clearly particularises the concerns, and better reflects the case against the Registrant. 5. The Parties invite the Panel to accept the application to amend the following charges: Charge 2.1 Nursing and Midwifery Council Proposed amendment: Nursing and Midwifery Council between 4 July 2017 and 15 October The reason for the amendment is that the registrant did declare the caution to the NMC in an on 16 October 2017 (Appendix 1). This was only after his referral for other matters. 7. The amendment more accurately reflects the concern that the registrant did not declare the caution to the NMC as soon as he could in line with The Code of Conduct. Charge: 8. Mr Darnley admits the following charges: That you a Registered Nurse; 7
8 1) [PRIVATE]. 2) You received a Police Caution for Battery on 4 July 2017 and did not declare it to: 2.1 Nursing and Midwifery Council between 4 July 2017 and 15 October 2017; 2.2 Royal Free London NHS Foundation Trust. And in light of Charge 1 above, [PRIVATE]; and in light of charge 2 above your fitness to practise is impaired by reason of your misconduct. Schedule 1 (Private) [PRIVATE] Agreed Facts: Failing to disclose a Police Caution 9. The Trust conducted a Disclosure and Barring Service ( DBS ) check, which was initiated by the Registrant s conviction [PRIVATE]. The DBS dated 24 July 2017 revealed that the Registrant had received a caution for Battery on 4 July The Disciplinary Policy and Procedure for the Trust states that an employee must inform their manager or any charge, caution or conviction, relating to acts committed on or off duty, at the earliest possible opportunity. 11. The Registrant accepts that he did not declare the caution to The Trust as soon as possible. 8
9 12. In addition, the Registrant did not declare the caution to the NMC as soon as possible in accordance with The Code of Conduct which states tell both us and any employers as soon as you can about any caution or charge against you, or if you have received a conditional discharge in relation to, or have been found guilty of a criminal offence (other than a protected caution or conviction). 13. The Registrant revalidated his practice with the NMC shortly before receiving the caution and as a result there is therefore no assertion of dishonesty. 14. The Registrant only declared the caution upon being referred to the NMC in May 2017 by the Trust in an dated 16 October 2017 (Appendix 1). The Registrant accepts that this was not as soon as he could. 15. The Registrant resigned from his positon at the Trust on 23 November 2017 [PRIVATE] [PRIVATE] 16. [PRIVATE] [PRIVATE] 17. [PRIVATE]. [PRIVATE] 18. [PRIVATE] 19. [PRIVATE]. 1 Standards of Conduct, Performance and Ethics for Nurses and Midwives
10 20. [PRIVATE] 21. [PRIVATE] 22. [PRIVATE]. Misconduct 23. Misconduct only relates to Charge The leading case of Roylance v GMC (No 2) [2000] 1 AC 311 establishes that: misconduct is a word of general effect, involving some act or omission which falls short of what would be proper in the circumstances. The standard of propriety may often be found by reference to the rules and standards ordinarily required to be followed by a medical practitioner in the particular circumstances. 25. The Registrant admits that the following Codes of Conduct 2 have been breached: Code 20.1 keep to and uphold the standards and values set out in the Code Code 20.4 keep to the laws of the country in which you are practising Code 20.9 maintain the level of health you need to carry out your professional role 26. It is agreed that the breaches of the code amount to serious professional misconduct. Although there is no assertion of any patient harm, this is a Registrant with [PRIVATE] which had resulted in criminal convictions [PRIVATE]. The Registrant failed to disclose those conditions meaning that his employer and regulatory body were unable to conduct necessary risk assessments to assess his fitness to practice. Current Impairment 2 Standards of Conduct, Performance and Ethics for Nurses and Midwives
11 27. Current impairment relates to Charge 1 and Current impairment is not defined in the Nursing and Midwifery Order 2001 or The Nursing and Midwifery Council (Fitness to Practice) Rules 2004 (SI2004/1761). The NMC have defined current impairment as the suitability to remain on the register without restriction. 29. The Registrant accepts that his fitness to practice was and is currently impaired by reason [PRIVATE], adopting the formulation set out by Mrs Justice Cox in CHRE v (1) NMC and (2) Grant [2011] EWHC 927 (Admin) and the questions posed specifically by Dame Janet Smith in her Fifth Report to The Shipman Inquiry. The Registrant acknowledges that a consideration of current fitness to practise looks backwards as well as forwards and accepts that he: Has in the past brought the reputation of the profession into disrepute; Has in the past breached one of the fundamental tenets of the profession. 30. Also said when considering impairment: Consider not only whether the practitioner continues to present a risk to members of the public in his or her current role, but also whether the need to uphold proper professional standards and public confidence in the profession would be undermined if a finding of impairment were not made in the particular circumstances 31. The Registrant accepts that he has in the past brought the profession into disrepute [PRIVATE] and has breached a fundamental tenet of the profession, namely the ability to provide safe and effective care. 11
12 32. In addition by failing to disclose his Police Caution to his employer or the NMC he failed to allow both organisations to conduct effective risk assessments in relation to his continued practice. 33. [PRIVATE]. 34. [PRIVATE]. 35. [PRIVATE]. 36. [PRIVATE]. 37. [PRIVATE]. 38. [PRIVATE]. 39. [PRIVATE]. The registrant has prepared reflective pieces at Appendix 8 and 9 which deal with his health condition and the failure to disclose his caution. 40. The Registrant also submits for consideration a number of personal references (Appendix 10). 41. The Registrant has also engaged with his GP and has commenced non-nursing employment (Appendix 11). 42. The Registrant s position is, and the NMC accepts that the [PRIVATE] evidence supports this position, [PRIVATE] reason he accepts his fitness to practise is currently impaired and would accept a six month suspension order. 43. The Registrant accepts that wider public interest considerations dictate that the NMC must declare and uphold proper standards of conduct and behaviour. The parties agree that this is a case where a finding of impairment is necessary to maintain public confidence in the profession and its regulator in accordance with the dicta of Cox J in Grant at paragraph 101: 12
13 The Committee should therefore have asked themselves not only whether the Registrant continued to present a risk to members of the public, but whether the need to uphold proper professional standards and public confidence in the Regulator and in the profession would be undermined if a finding of impairment of fitness to practise were not made in the circumstances of this case. 44. Whilst the parties agree that the Registrant s fitness to practice is currently impaired by reason of his [private] misconduct, it remains a matter for the panel s own professional judgement. Sanction 45. The parties agree that the appropriate sanction in this case is a 6 Month Suspension Order with a review. 46. In determining the appropriate sanction, the parties took into account the following aggravating and mitigating features. The aggravating features of this case include: [PRIVATE] 47. The following mitigating features are present; [PRIVATE] [PRIVATE] The Registrant has shown insight into his [PRIVATE] misconduct 48. The parties consider the available sanctions in ascending order of seriousness in accordance with the NMC s Sanctions Guidance and the principle of proportionality. 13
14 49. In light of the nature of the [PRIVATE] the parties agree that it would not be appropriate to take no further action in this case. Likewise, a caution order would be insufficient to protect the public from the risk of harm posed [PRIVATE]. Neither of these sanctions would satisfy the wider public interest consideration. 50. [PRIVATE] 51. [PRIVATE]. 52. It is for the above reason that the parties agree that a suspension for a period of 6 months with a review is the proportionate sanction in these circumstances. This will also allow time for the registrant to [PRIVATE] prepare himself for a return to work. [PRIVATE]. 53. [PRIVATE] 54. [PRIVATE] 55. The parties considered whether a striking off order would be appropriate in the circumstances. However the parties feel that the Registrants actions are not so incompatible with remaining on the register to necessitate this. [PRIVATE]. Interim Order 56. Due to the basis upon which impairment has been agreed by the parties, it is further agreed that an interim order is necessary for the protection of the public and that it is otherwise in the public interest. 57. The parties have determined that an interim order in the same terms as the substantive order for a period of 18 months is necessary in this case. This is for the purposes of covering the 28 day appeal period before the substantive order takes effect and the duration of any appeal. 14
15 58. The parties understand that this provisional agreement cannot bind a panel and that the final decision on findings, impairment and sanction is a matter for the panel. The parties understand that, in the event that a panel does not agree with this provisional agreement, the admissions to the charges set out at the first section above, and the agreed statement of facts set out at the second section above, may be placed before a differently constituted panel that is determining the allegation, provided that it would be relevant and fair to do so. Factual amendments: Prior to its consideration of this agreement, the panel noted the following factual inaccuracies in it: Mr Darnley although not present was represented by Mr Geerings who was instructed by the RCN. [PRIVATE]. Decision and reasons on the consensual panel determination: The panel decided to accept the proposed CPD agreement, with the factual amendments listed earlier in its determination. The panel accepted the advice of the legal assessor, who referred the panel to the NMC s Sanctions Guidance ( SG ) and to the NMC s guidance on Consensual Panel Determinations. He reminded the panel that it could accept, amend or outright reject the provisional agreement reached between the NMC and Mr Darnley. Further, the panel should consider whether the provisional agreement would be in the public interest. This means that the outcome must ensure an appropriate level of public protection, maintain public confidence in the professions and the regulatory body, and declare and uphold 15
16 proper standards of conduct and behaviour. The legal assessor also referred the panel to the cases of: Cheatle v GMC [2009] EWHC 645 (Admin), Roylance v General Medical Council (No. 2) [2000] 1 AC 311, CHRE v (1) NMC and (2) Grant [2011] EWHC 927 (Admin) and Cohen v GMC [2008] EWHC 581 (Admin). The panel noted that Mr Darnley admitted the facts of the charges. Accordingly the panel was satisfied that the charges are found proved by way of Mr Darnley s admission as set out in the signed provisional agreement before the panel. The panel then went on to considered whether Mr Darnley s fitness to practise is currently impaired. Whilst acknowledging the agreement between the NMC and Mr Darnley, the panel has exercised its own independent judgement in reaching its decision on impairment. In respect of misconduct the panel noted that Misconduct is relevant only to charge 2 in this case. The panel endorsed paragraphs of the CPD agreement. The panel noted that following his conviction for [PRIVATE] in April 2017, Data and Barring Services (DBS) check was initiated on 24 July This check revealed that Mr Darnley had accepted a caution for Battery on 4 July 2017 which he had not declared to either his employer or the NMC. Taking all of this into account the panel determined that Mr Darnley s behaviour in not disclosing his receiving a police caution on 4 July 2017 does constitute misconduct. [PRIVATE] [PRIVATE], and was therefore not safe to practise without restriction, a finding of impairment was necessary in order to maintain confidence in the nursing profession and in the NMC as a regulator. The panel also had regard to the seriousness of the 16
17 misconduct in this case, and considered that a finding of impairment was also necessary to declare and uphold proper standards of conduct and performance. The panel therefore determined that a finding of impairment was necessary on public protection grounds, in relation to Mr Darnley s [PRIVATE] misconduct. Having found Mr Darnley s fitness to practise currently impaired the panel went on to consider what sanction, if any, it should impose in this case. The panel bore in mind that any sanction imposed must be appropriate and proportionate. The purpose of any sanction is not intended to be punitive even though it may have a punitive effect. The panel had careful regard to the SG. The decision on sanction is a matter for the panel exercising its own independent judgement. The panel considered this case carefully and has decided to make a suspension order for a period of 6 months. The effect of this order is that the NMC register will show that Mr Darnley s registration has been suspended. The panel accepted the aggravating and mitigating factors in this case as set out in paragraphs 45 and 58 of the CPD agreement. In addition, the panel considered that Mr Darnley has shown considerable insight into his misconduct [PRIVATE], there has been no patient harm caused and the panel is unaware of any previous issues during Mr Darnley s long career as a nurse. The panel determined that taking no action and imposing a caution order would not be appropriate in this case given the serious nature of Mr Darnley s misconduct [PRIVATE]. The panel went on to consider whether to impose a conditions of practice order. The panel was of the view that any conditions of practice should be practicable and workable. [PRIVATE] it would be inappropriate and potentially detrimental to Mr Darnley to impose a conditions of practice order. 17
18 The panel went on to consider the proposed sanction in the CPD agreement, that of a 6 month suspension order. [PRIVATE]. This order will be reviewed shortly before it is due to expire. A future reviewing panel will be assisted by evidence of the following: [PRIVATE] [PRIVATE] Mr Darnley s attendance [PRIVATE] ; Testimonials from employers, including both medical and non-medical settings The panel determined to impose an interim suspension order for a period of 18 months. This decision will be confirmed to Mr Darnley in writing. That concluded this determination. 18
Conduct and Competence Committee Substantive Hearing
Conduct and Competence Committee Substantive Hearing 22 July 2016 Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE Name of Registrant Nurse: NMC PIN: Nomathemba Amanda Primrose Socikwa 10G0506E
More informationNursing and Midwifery Council: Fitness to Practise Committee
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing Friday, 5 January 2018 Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE Name of registrant: NMC PIN: Mr Razvan
More informationConduct and Competence Committee Substantive Meeting Monday 17 October 2016 Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE
Conduct and Competence Committee Substantive Meeting Monday 17 October 2016 Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE Name of Registrant Nurse: NMC PIN: Miss Vicky Cross 10I0617E Part(s)
More informationNursing and Midwifery Council:
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing 23 February 2018 Nursing and Midwifery Council, 2 Stratford Place, Montfichet Road, London, E20 1EJ Name of registrant: NMC
More informationConduct & Competence Committee. Substantive Meeting. 20 October Nursing and Midwifery Council, 2 Stratford Place, London E20 1EJ
Conduct & Competence Committee Substantive Meeting 20 October 2016 Nursing and Midwifery Council, 2 Stratford Place, London E20 1EJ Registrant: NMC PIN: Sean Michael Ridout 10H3375E Part(s) of the register:
More informationConduct and Competence Committee Substantive Meeting
Conduct and Competence Committee Substantive Meeting NMC, 20 Old Bailey, London, EC4M 7LN 18 June 2014 Name of Registrant: Mr Matthew Robin Pitts NMC PIN: 93A0777E Part(s) of the register: Registered Nurse
More informationNursing and Midwifery Council: Fitness to Practise Committee Substantive Hearing
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing 1 December 2017 Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE Name of registrant: NMC PIN: Part(s) of the register:
More informationNursing and Midwifery Council: Fitness to Practise Committee. Substantive Hearing 17 December 2018
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing 17 December 2018 Nursing and Midwifery Council, 2 Stratford Place, Montfichet Road, London, E20 1EJ Name of registrant: NMC
More informationNursing and Midwifery Council:
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing 6 March 2018 Nursing and Midwifery Council, 114-116 George Street, Edinburgh, EH2 4LH Name of registrant: Deborah Iris Gallagher
More informationPart(s) of the register: Registered Nurse Sub Part 1. Eileen Skinner (Chair Lay member) Colin Kennedy (Lay member) Catherine Gale (Registrant member)
Conduct and Competence Committee Substantive Meeting (CPD) Date: Thursday 13 August 2015 Nursing and Midwifery Council 2 Stratford Place, Montfichet Road, London, E20 1EJ Name of Registrant Nurse: NMC
More informationHEARING PARTLY HEARD IN PRIVATE
HEARING PARTLY HEARD IN PRIVATE The Committee has made a determination in this case that includes some private information. That information has been omitted from the text. ROBERTSON, Harry Gordon Registration
More informationNursing and Midwifery Council:
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing 20 October 2017 Nursing and Midwifery Council, 2 Stratford Place, Montfichet Road, London, E20 1EJ Name of Registrant: NMC
More informationNursing and Midwifery Council:
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing 26 January 2018 Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE Name of Registrant Nurse: Mr Richard Imperio NMC
More informationPart(s) of the register: RNHM, Registered nurse sub part 1 Mental health Sept 2011 Area of Registered Address: England
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing Consensual Panel Disposal 26 January 2018 Nursing and Midwifery Council, 2 Stratford Place, Montfichet Road, London, E20
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC UPTON, Natalie Jane Registration No: 110087 PROFESSIONAL CONDUCT COMMITTEE JULY 2018 Outcome: Suspension for 12 months with immediate suspension (with a review) Natalie UPTON, a
More informationConduct and Competence Committee Substantive Meeting 23 December 2015 at 2 Stratford Place, Montfichet Road, London, E20 1EJ
Conduct and Competence Committee Substantive Meeting 23 December 2015 at 2 Stratford Place, Montfichet Road, London, E20 1EJ Name of Registrant Nurse: NMC PIN: Richard James Rees 01I2055E Part(s) of the
More informationGood decision making: Fitness to practise hearings and sanctions guidance
Good decision making: Fitness to practise hearings and sanctions guidance Revised March 2017 The text of this document (but not the logo and branding) may be reproduced free of charge in any format or
More informationConduct and Competence Committee Substantive Hearing Date: Thursday 4 July 2013 to Friday 5 July 2013
Conduct and Competence Committee Substantive Hearing Date: Thursday 4 July 2013 to Friday 5 July 2013 Nursing and Midwifery Council, The Hilton Belfast, 4 Lanyon Place, Belfast BT1 3LP Name of Registrant
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC MARQUEZ LOPEZ, Daniel Registration No: 260732 PROFESSIONAL CONDUCT COMMITTEE JULY 2018 OUTCOME: Fitness to Practise Impaired. Reprimand Issued Daniel MARQUEZ LOPEZ, a dentist, Grado
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC AYOR-AYO, Auma Hilda Registration No: 198660 PROFESSIONAL CONDUCT COMMITTEE AUGUST 2017 Outcome: Suspended for 12 months with immediate suspension (with a review) Auma Hilda AYOR-AYO,
More informationINDICATIVE SANCTIONS GUIDANCE DRAFT
INDICATIVE SANCTIONS GUIDANCE DRAFT Contents Purpose of document... 2 What is this document about?... 2 Who is this document for?... 3 1. Part 1: Fitness to Practise stages... 3 Investigation... 3 Scrutiny
More informationPUBLIC RECORD. Record of Determinations. Medical Practitioner: Dates: 26/07/ /07/2018. GMC reference number: Tyne
PUBLIC RECORD Dates: 26/07/2018-27/07/2018 Medical Practitioner s name: Dr Neil Ineson GMC reference number: 2431350 Primary medical qualification: Type of case New - Conviction / Caution MB BS 1978 University
More informationConduct and Competence Committee Substantive Hearing 31 October 2016 Nursing and Midwifery Council (NMC), Regus, Cromac Square, Belfast BT2 8LA
Conduct and Competence Committee Substantive Hearing 31 October 2016 Nursing and Midwifery Council (NMC), Regus, Cromac Square, Belfast BT2 8LA Name of Registrant Nurse: NMC PIN: Aaron Ravel 91A1968E Part(s)
More informationPUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal. Dates: 16/10/ /10/2017
PUBLIC RECORD Dates: 16/10/2017 18/10/2017 Medical Practitioner s name: Dr Johannes Christiaan Hermanus BASSON GMC reference number: 4056885 Primary medical qualification: Type of case New - Misconduct
More informationIn accordance with Rule 41 of the General Medical Council (Fitness to Practise) Rules 2004 the hearing was held in public.
PUBLIC RECORD Dates: 27/11/2018-29/11/2018 Medical Practitioner s name: Dr Stamatios OIKONOMOU GMC reference number: 6072884 Primary medical qualification: Type of case New - Misconduct Ptychio Iatrikes
More informationNursing and Midwifery Council: Investigating Committee. Fraudulent/Incorrect Entry. 25 September 2018
Nursing and Midwifery Council Investigating Committee Fraudulent/Incorrect Entry Hearing 25 September 2018 Nursing and Midwifery Council, 61 Aldwych, London, WC2B 4AE Name of registrant: NMC PIN: Mr Harry
More informationPUBLIC RECORD. Record of Determinations. Medical Practitioner: Dates: 15/08/ /08/2018. GMC reference number:
PUBLIC RECORD Dates: 15/08/2018-17/08/2018 Medical Practitioner s name: Dr Zholia Alemi GMC reference number: 4246372 Primary medical qualification: Type of case New - Misconduct MB ChB 1992 University
More informationHEARING PARTLY HEARD IN PRIVATE*
HEARING PARTLY HEARD IN PRIVATE* *The Committee has made a determination in this case that includes some private information. That information has been omitted from this text. GRAHAM, Lisa Marie Registration
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC BANNATYNE, Ashleigh Registration No: 214342 PROFESSIONAL CONDUCT COMMITTEE JUNE 2017 - JUNE 2018* Most recent outcome: Suspension extended for 12 months (with a review) *See page
More informationThat being registered under the Medical Act 1983 (as amended):
PUBLIC RECORD Dates: 09/11/2017 10/11/2017 Medical Practitioner s name: Dr Andrew MACKENZIE GMC reference number: 6134691 Primary medical qualification: Type of case New - Conviction / Caution MB ChB 2006
More informationGuidance for the Practice Committees including Indicative Sanctions Guidance
Guidance for the Practice Committees including Indicative Sanctions Guidance Effective 1 st October 2016 1 2 Contents 1 Introduction and background... 4 2 The Professional Conduct Committee (PCC)... 5
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC LIMBU, Dino Registration No: 246153 PROFESSIONAL CONDUCT COMMITTEE AUGUST 2015 Outcome: Fitness to practise impaired; erasure with an immediate suspension order Dinu LIMBU, a dental
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC LARKIN, Matthew Peter Registration No: 74917 PROFESSIONAL CONDUCT COMMITTEE DECEMBER 2017 Outcome: Erased with Immediate Suspension Matthew Peter LARKIN, a dentist, BDS Lpool 1998
More information3.2 The Code to maintain patient safety and public confidence in the profession.
OUTCOME OF FITNESS TO PRACTISE HEARING Case Number 2013/01 Name Paul John Tallon Registration Number 3560 Date of Hearing 5 th 6 th and 14 th June 2013 The Notice of Allegation The Chairman of the Statutory
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC HOUGHTON, Nicola Louise Registration No: 130502 PROFESSIONAL CONDUCT COMMITTEE FEBRUARY 2015 Outcome: Erasure (with immediate order) Nicola Louise HOUGHTON, Verified competency
More informationGUIDANCE FOR CASE EXAMINERS The purpose of this guidance 1. The General Optical Council (GOC) recognises that it is important that patients, registrants, professional and representative organisations,
More informationUniversiteto. That being registered under the Medical Act 1983, as amended:
PUBLIC RECORD Dates: 29/01/2018 30/01/2018 Medical Practitioner s name: Dr Ali ISMAIL GMC reference number: 6168323 Primary medical qualification: Type of case New - Misconduct Gydytojas 2006 Kauno Medicinos
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC CROOK, Stacey Registration No: 199655 PROFESSIONAL CONDUCT COMMITTEE AUGUST 2017 Outcome: Erased with Immediate Suspension This case was heard in parallel with the case of MOLLOY,
More informationPUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal. Dates: 20/04/ /04/2017 (Adjourned Part Heard) 02/10/2017 (Reconvened)
PUBLIC RECORD Dates: 20/04/2017 27/04/2017 (Adjourned Part Heard) 02/10/2017 (Reconvened) Medical Practitioner s name: Dr Ahmed Mohsen TOLBA GMC reference number: 6118042 Primary medical qualification:
More informationDETERMINATION ON THE FACTS AND IMPAIRMENT - 25/10/2017
PUBLIC RECORD Dates: 25 to 26 October 2017 Medical Practitioner s name: Dr Swathi Deepak PAI GMC reference number: 5202874 Primary medical qualification: Type of case New - Misconduct MB BS 1998 Manipal
More informationNotice of Decision of the Northern Ireland Social Care Council s Conduct Committee
Notice of Decision of the Northern Ireland Social Care Council s Conduct Committee Name: Radu Nasca SCR No: 6005361 Date: 22 August 2014 NOTICE IS HEREBY GIVEN THAT the Conduct Committee of the Northern
More informationPUBLIC RECORD. Record of Determinations. Medical Practitioner: Date: 22/10/2018. GMC reference number: Medyczny. Review - Misconduct
PUBLIC RECORD Date: 22/10/2018 Medical Practitioner s name: Dr Shazia Akram GMC reference number: 7094045 Primary medical qualification: Type of case XXX Review - Misconduct Lekarz 2010 Warszawski Uniwersytet
More informationPUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal
PUBLIC RECORD Dates: 01/11/2017 03/11/2017 Medical Practitioner s name: Dr Mohamed AMRANI GMC reference number: 3419692 Primary medical qualification: Type of case New - Conviction / Caution MD 1987 Universite
More informationHEARING HEARD IN PUBLIC BAPU, Raisha Registration No: PROFESSIONAL CONDUCT COMMITTEE MAY 2015 Outcome: Erasure and immediate suspension
HEARING HEARD IN PUBLIC BAPU, Raisha Registration No: 110944 PROFESSIONAL CONDUCT COMMITTEE MAY 2015 Outcome: Erasure and immediate suspension Raisha BAPU, a dental nurse, NVQ L3 Oral Health Care:Dental
More informationDelegated powers policy
Delegated powers policy Revised September 2013 1 Contents Introduction... 3 The Association of Accounting Technicians... 3 The compliance framework and procedures of AAT... 3 Compliance framework... 4
More informationNRPSI INDICATIVE SANCTIONS GUIDANCE
NRPSI INDICATIVE SANCTIONS GUIDANCE Introduction Purpose of sanctions Warnings What sanctions are available Questions for the Panel to consider Mitigation and aggravating factors Guidance on considering
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC MAYCOCK, Andrew Edward Registration No: 170502 PROFESSIONAL CONDUCT COMMITTEE MAY 2018 Outcome: Erased with Immediate order of Suspension Andrew Edward MAYCOCK, a dental nurse,
More informationGood decision making: Investigating committee meetings and outcomes guidance
Good decision making: Investigating committee meetings and outcomes guidance Revised March 2017 The text of this document (but not the logo and branding) may be reproduced free of charge in any format
More information2004 No 2608 HEALTH CARE AND ASSOCIATED PROFESSIONS DOCTORS. General Medical Council (Fitness to Practise) Rules Order of Council 2004
This is a version of The General Medical Council (Fitness to Practise) Rules which incorporates the 2004 Rules and amendments made to those rules in 2009, 2013, 2014, 2015 and 2017 2004 No 2608 HEALTH
More information[2015] EWHC 854 (QB) 2015 WL
Dr Saima Alam v The General Medical Council Case No: CO/4949/2014 High Court of Justice Queen's Bench Division Administrative Court 27 March 2015 [2015] EWHC 854 (QB) 2015 WL 1310679 Before: Mr Justice
More informationPUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal. Dates: 13/11/ /11/2017 Medical Practitioner s name: Dr Katy MCALLISTER
PUBLIC RECORD Dates: 13/11/2017 15/11/2017 Medical Practitioner s name: Dr Katy MCALLISTER GMC reference number: 7042366 Primary medical qualification: Type of case New - Conviction / Caution MB ChB 2009
More informationHealth and Care Professions Tribunal Service PRACTICE NOTE. Finding that Fitness to Practise is Impaired
Health and Care Professions Tribunal Service PRACTICE NOTE Finding that Fitness to Practise is Impaired This Practice Note has been issued by the Council for the Guidance of Panels and to assist those
More informationNorthern Ireland Social Care Council (Fitness to Practise) Rules 2016
Northern Ireland Social Care Council (Fitness to Practise) Rules 2016 The Northern Ireland Social Care Council, with the consent of the Department of Health, Social Services and Public Safety, makes the
More informationHEARING HEARD IN PUBLIC
HEARING HEARD IN PUBLIC JAMALI, Nisreen Registration No: 86173 PROFESSIONAL CONDUCT COMMITTEE September 2014 Outcome: Erased with immediate suspension. Nisreen JAMALI, BDS Karachi 2002, Statutory Exam
More informationRe: Dr Jonathan Richard Ashton v GMC [2013] EWHC 943 Admin
Appeals Circular A11/13 14 06 2013 To: Fitness to Practise Panel Panellists Legal Assessors Copy: Interim Orders Panel Panellists Investigation Committee Panellists Panel Secretaries Medical Defence Organisations
More informationPUBLIC RECORD. Record of Determinations. Medical Practitioner: Dates: 19/06/ /06/2018 & 2 August GMC reference number:
PUBLIC RECORD Dates: 19/06/2018 21/06/2018 & 2 August 2018 Medical Practitioner s name: Dr Muhammad Bhatti GMC reference number: 6067212 Primary medical qualification: Type of case New - Conviction / Caution
More informationGuide to sanctioning
Guide to sanctioning Contents 1. Background. 2 2. Application for registration or continued registration 3 3. Purpose of sanctions. 3 4. Principles in determining sanction.. 4 A. Proportionality... 4 B.
More informationImpaired Impaired. instructed
PUBLIC RECORD Dates: 15/05/2018 21/05/2018 Medical Practitioner s name: Dr Martin GEORGE GMC reference number: 6094870 Primary medical qualification: Type of case New - Conviction / Caution New - Misconduct
More informationCouncil meeting 15 September 2011
Council meeting 15 September 2011 Public business GPhC prosecution policy (England and Wales) Recommendation: The Council is asked to agree the GPhC prosecution policy (England and Wales) at Appendix 1.
More informationHEALTH CARE AND ASSOCIATED PROFESSIONS DOCTORS. General Medical Council (Fitness to Practise) Rules Order of Council 2004
2004 No 2608 HEALTH CARE AND ASSOCIATED PROFESSIONS DOCTORS General Medical Council (Fitness to Practise) Rules Order of Council 2004 Made 4th October 2004 Laid before Parliament 7th October 2004 Coming
More informationPUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal
PUBLIC RECORD Dates: 20/02/2017 22/02/2017 & 12/06/2017 13/06/2017 Medical Practitioner s name: Dr Hadiza BAWA-GARBA GMC reference number: 6080659 Primary medical qualification: Type of case New - Conviction
More informationPUBLIC RECORD. Record of Determinations. Medical Practitioner: Dates: 13/06/ /06/2018. GMC reference number: New - Conviction / Caution
PUBLIC RECORD Dates: 13/06/2018-15/06/2018 Medical Practitioner s name: Dr Chizoro Edohasim GMC reference number: 6039653 Primary medical qualification: Type of case New - Conviction / Caution MB BCh 1997
More informationPUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal
PUBLIC RECORD Dates: 08/11/2017 10/11/2017 Medical Practitioner s name: Dr Imran QURESHI GMC reference number: 7063588 Primary medical qualification: Type of case New Conviction/Caution MB BS 1997 University
More informationNon-compliance hearings guidance for medical practitioners tribunals
Non-compliance hearings guidance for medical practitioners tribunals Introduction 1 The aim of this guidance is to promote consistency and transparency in decision making relating to non-compliance hearings.
More informationAllegation and Findings of Fact That being registered under the Medical Act 1983 (as amended):
PUBLIC RECORD Dates: 06/11/2017 07/11/2017 Medical Practitioner s name: Dr Erik MILNER GMC reference number: 3317501 Primary medical qualification: Type of case New - Conviction / Caution MB ChB 1989 University
More informationA guide to GMC investigations and fitness to practise proceedings
A guide to GMC investigations and fitness to practise proceedings Contents Introduction 2 What is the GMC s role? 3 Stage 1 Initial complaint 5 Stage 2 Formal investigation 6 Stage 3 Conclusion of investigation
More informationConsolidated Practice Committee Rules
Consolidated Practice Committee Rules Health and Care Professions Council (Practice Committees and Miscellaneous Amendments) Rules 2009 Health and Care Professions Council (Investigating Committee) (Procedure)
More informationRegulations for Disclosure and Barring Service Screening
Regulations for Disclosure and Barring Service Screening Responsibility of: University Secretary Approval date: 27 April 2016 Review date: April 2021 Approved by: Academic Board Consultation via: Academic
More informationCONSOLIDATED PRACTICE COMMITTEE RULES
CONSOLIDATED PRACTICE COMMITTEE RULES Health and Care Professions Council (Practice Committees and Miscellaneous Amendments) Rules 2009 Health and Care Professions Council (Investigating Committee) (Procedure)
More informationIndicative Sanctions Guidance Note
Indicative Sanctions Guidance Note Introduction The CAA Global Limited Board ( the Board ) has prepared this guidance note for use by Adjudication Panels, Interim Order Panel, Disciplinary Tribunal Panels
More informationDISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS
DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS REASONS FOR DECISION In the matter of: Miss Emma Hoy Heard on: Monday, 15 May 2017 Location: The Chartered Institute of Arbitrators,
More informationThis case was reviewed on the papers, with the agreement of both parties, by a Legally Qualified Chair.
PUBLIC RECORD Date: 19 December 2018 Medical Practitioner s name: Dr Hadiza BAWA-GARBA GMC reference number: 6080659 Primary medical qualification: Type of case Conviction/ Caution MB ChB 2003 University
More informationPUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal. Dates: 15/01/ /01/2018 Medical Practitioner s name: Dr Baldeep AUJLA
PUBLIC RECORD Dates: 15/01/2018 23/01/2018 Medical Practitioner s name: Dr Baldeep AUJLA GMC reference number: 7084996 Primary medical qualification: Type of case New - Conviction / Caution New - Misconduct
More information4. This guidance is a public document and is available from the GOC s website at:
GUIDANCE FOR CASE EXAMINERS The purpose of this guidance 1. The General Optical Council (GOC) recognises that it is important that patients, registrants, professional and representative organisations,
More informationPUBLIC RECORD. Record of Determinations. Medical Practitioner: Date: 03/12/2018. GMC reference number: Review - Misconduct
PUBLIC RECORD Date: 03/12/2018 Medical Practitioner s name: Dr Bassel Hayssam EL-OSTA GMC reference number: 6046674 Primary medical qualification: Type of case Review - Misconduct Vrac 2000 Kazan State
More informationCARLOS EGIDO CORTES MRCVS DECISION OF THE DISCIPLINARY COMMITTEE
ROYAL COLLEGE OF VETERINARY SURGEONS INQUIRY RE: CARLOS EGIDO CORTES MRCVS DECISION OF THE DISCIPLINARY COMMITTEE 1. The Respondent did not appear before the Disciplinary Committee to answer the following
More informationIndicative Sanctions Guidance
Indicative Sanctions Guidance AAT is a registered charity. No. 1050724 Indicative Sanctions Guidance Contents Introduction... 3 Policy detail... 4 Sanctions... 5 Aggravating factors... 7 Mitigation...
More informationNotice of Decision of the Northern Ireland Social Care Council s Conduct Committee
Notice of Decision of the Northern Ireland Social Care Council s Conduct Committee Name: Paula Curran Registration No: 2002171 Date: 30 January 2013 NOTICE IS HEREBY GIVEN THAT the Conduct Committee of
More informationIf this declaration is more than three months old, we will ask you to complete a new one before we grant your application.
Please write clearly in black ink and use CAPITAL LETTERS All dates must be written in the format DD/MM/YYYY If you need more space please use the supplementary information sheet at the end of this form
More informationRegulations for the consideration of criminal convictions for students on courses leading to professional registration
Regulations for the consideration of criminal convictions for students on courses leading to professional registration Responsibility of: University Secretary Initial Approval date: 27 April 2016 Reviewed:
More information9. Roles and responsibilities of Committee members
9. Overview 9.1. New Committee members are appointed by the BSB s Appointments Board on an annual basis and normally begin their three-year term in January. The roles of members are set out below and further
More informationLOBBYING PROFESSIONAL CONDUCT
LOBBYING PROFESSIONAL CONDUCT WHAT IS LOBBYING? Lobbying is a discipline within public relations where the general intention of the activity is to inform and influence public policy and law. Lobbyists
More informationHealth and Character Declarations Policy
Introduction Health and Character Declarations Policy The Health and Social Work Professions Order 2001 (the Order) provides that registration decisions, including decisions on whether a person meets the
More informationYou are therefore liable to disciplinary action in accordance with Bye-law 5.2.2(d)
Disciplinary Panel Hearing Case of David Ager MRICS On Wednesday, 22 August 2018 Paper hearing By telephone Panel Dr Angela Brown (Lay Chair) Rosalyn Hayles (Lay Member) Christopher Pittman (Surveyor Member)
More informationTHE CHARTERED INSURANCE INSTITUTE Disciplinary Procedure Rules
THE CHARTERED INSURANCE INSTITUTE Disciplinary Procedure Rules Part 1 General Authority and Purpose 1.1 These Rules are made pursuant to The Chartered Insurance Institute Disciplinary Regulations 2015.
More informationSANCTION GUIDANCE DOCUMENT
SANCTION GUIDANCE DOCUMENT November 2017 Introduction If a complaint is referred to the Disciplinary Committee of the Teaching Council for an inquiry, a panel of the Disciplinary Committee consisting of
More informationDeclarations guidance for student registrants
Declarations guidance for student registrants How we consider information that applicants or registrants declare. A guide for students. November 2013 Contents Who is this document for?... 3 About this
More information[ Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008 ] 1 (SI 2008/3148)
[ Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008 ] 1 (SI 2008/3148) Unofficial consolidated text Effective from 31 March 2017 This consolidated text has been produced for
More informationWho this guidance is for and when it should be used
References to Good medical practice updated in March 2013 Guidance for the Investigation Committee and case examiners when considering allegations about a doctor s involvement in encouraging or assisting
More informationGuidance on the Registrar s Rule 9 power of review (July 2017)
Guidance on the Registrar s Rule 9 power of review (July 2017) 1 Introduction 1. Since 1 November 2016, the GDC s Registrar has had the power to review decisions to close cases without referring them to
More informationGuidance on Undertakings
Guidance on Undertakings Introduction and overview 1 The purpose of this guidance is to demonstrate the way in which Rule 10 of the Fitness to Practise Rules 2004 (revised) is to be put into effect by
More informationIntroduction. Guidance on Warnings July 2017 Page 1 of 6
Guidance regarding warnings issued by Case Examiners and the Investigation Committee under the provisions of the General Optical Council (Fitness to Practise) Rules 2013 Introduction 1. The General Optical
More informationFOR FITNESS TO PRACTISE COMMITTEE HEARINGS AND INDICATIVE SANCTIONS GUIDANCE
FOR FITNESS TO PRACTISE COMMITTEE HEARINGS AND INDICATIVE SANCTIONS GUIDANCE Contents Pages 1. Introduction 5 2. Types of registrant 5 Individual registrants 5 Student registrants 5 Business registrants
More information2016 No. 41 POLICE. The Police (Conduct) Regulations (Northern Ireland) 2016
S T A T U T O R Y R U L E S O F N O R T H E R N I R E L A N D 2016 No. 41 POLICE The Police (Conduct) Regulations (Northern Ireland) 2016 Made - - - - 17th February 2016 Coming into operation - 1st June
More informationSOCIAL CARE WALES (INVESTIGATION) RULES 2017 INTERNAL VERSION
SOCIAL CARE WALES (INVESTIGATION) RULES 2017 INTERNAL VERSION APRIL 2017 PLEASE NOTE: this copy of the Rules is for the use of Social Care Wales staff, panel members, presenters and legal advisers only.
More information1. Miss Musaji had not responded at all to the Notice of Hearing. The Panel therefore proceeded on the basis that the above charge was not admitted.
Disciplinary Panel Meeting Case of Miss Zainab Musaji [6498352] London, NW9, UK On Tuesday 31 July 2018 At RICS, 55 Colmore Row, Birmingham, B3 2AS Panel John Anderson (Lay Chair) Patrick Bligh-Cheesman
More informationThe General Teaching Council for Scotland Fitness to Teach Rules 2017 These Rules are available in alternative formats on request
DRIVING FORWARD PROFESSIONAL STANDARDS FOR TEACHERS The General Teaching Council for Scotland Fitness to Teach Rules 2017 These Rules are available in alternative formats on request Table of Contents
More informationDeclarations guidance for fullyqualified
Declarations guidance for fullyqualified registrants How we consider information that applicants or registrants declare. A guide for fully qualified optometrists and dispensing opticians, and those who
More informationGuidance for decision makers on the impact of criminal convictions and cautions
Guidance for decision makers on the impact of criminal convictions and cautions Page 1 of 11 Contents Introduction... 3 Reporting Criminal Proceedings... 4 General Principles... 5 Applications for Registration...
More informationDr Dutta s appeal was considered by Mr Justice Haddon Cave on 12 December 2012 with judgment being given on 1 February 2013.
Appeals Circular A 03/13 25 February 2013 To: Fitness to Practise Panel Panellists Legal Assessors Copy: Interim Orders Panel Panellists Investigation Committee Panellists Panel Secretaries Medical Defence
More information