26-03-2013

Physiotherapist loses appeal - Against Strike - off

The practitioner in this case appealed against the decision of the Conduct and Competence Committee Panel of the Health and Care Professions Council.  Seven charges of misconduct had been found proven in relation to various acts of dishonesty.  As a result it was concluded that the practitioner’s fitness to practice was impaired in a substantial way so that the only appropriate sanction was a striking off order.  The appeal was dismissed.  In respect of the decision could be said to be wrong for the purposes of the Civil Procedure Rules Section 52.11.  The practitioner had made false statements as to where he had worked in job applications and created and sent false employment history forms to potential employers and also forged signatures of his former academic supervisors.  He had also made a false declaration to the University where he was working that he was ill whilst working in the UK.  He had deceived an employer into giving him compassionate leave whilst he was working elsewhere and gained salary from that employer whilst working elsewhere.  It was accepted that the panel had arrived at the decision after full consideration of all of the documentation and evidence before them.  It was held that an Appeal Court cannot intervene simply to set aside a carefully considered Judgment of a body even where matters relevant to findings of fact had been in issue.  Documentary evidence was such that any panel could legitimately justify making a finding.  Case of Rice against the Health Professions Council [2011] All ER (d) (59) may apply.