Ms Janine Thomas

Preliminary Matters
Service
1. The Panel has seen the Notice of today’s hearing dated 15 September 2022 which the HCPC sent by email to the Registrant at her registered email address. The Notice informed the Registrant of the date and time of this hearing. The Panel has seen an electronic communication which confirms that the email was delivered to the Registrant’s email address.

2. The Panel has further seen an email from the Registrant dated 17 October 2022 at 14.39 in which the Registrant stated that she was not attending this hearing. This email was in response to an email from the Presenting Officer dated 4 October 2022 asking the Registrant whether she intended to participate at this hearing.

3. The email dated 17 October 2022 from the Registrant was in the following terms:

Hi Rosie
Apologies, I rarely use this email address anymore and I wasn’t aware this was still ongoing. I attempted to change address etc via email a couple of years ago.
I will not be in attendance tomorrow and I have not remained with unison so would not have representation…
Kind Regards
Janine Thomas

4. Ms Welsh told the Panel that she had a telephone conversation with the Registrant during the afternoon of 17 October 2022 and that she had summarised that conversation in an email to the Registrant dated 17 October 2022, sent at 16.03. That email was in the following terms:

Hi Janine,
Thank you for making time to speak to me this afternoon. I write to summarise our conversation:
- There is no discourtesy intended but you are unable to attend tomorrow’s review hearing as you have work commitments…
I explained to you the nature of the review proceedings, and the considerations that the Panel will have regarding your fitness to practise and whether an order remains necessary. I explained that the Panel would benefit from supporting evidence of the above efforts that you have been making, and we agreed that you would endeavour to send any supporting documents to me prior to tomorrows hearing.
Please let me know if you have any thing further you wish to add, or if you disagree/need to correct any thing stated above. As discussed, I would be happy to telephone or email should you have any further questions about the hearing. Otherwise, I would be grateful to receive any supporting evidence that you can supply between now and the hearing.
Kind Regards
Rosie Welsh

5. Having heard the submissions of Ms Welsh, having read the documentation set out above and having heard and accepted the advice of the Legal Assessor, the Panel was satisfied that good service of the Notice of the hearing has been effected.

Proceeding in the absence of the Registrant
6. Ms Welsh made an application that the hearing should proceed in the absence of the Registrant.

7. The Panel heard and accepted the advice of the Legal Assessor.

8. The Panel is aware that the discretion to proceed in the absence of a Registrant is one which should be exercised with the utmost care and caution. The Panel took account of the HCPTS Practice Note entitled “Proceeding in the Absence of the Registrant”.

9. The Panel determined that the hearing should proceed in the absence of the Registrant. Its reasons were as follows:
• It is satisfied that there has been good service of the Notice of this Hearing.
• The present order will expire on 17 November 2022 and it must be reviewed before that date.
• There is a public interest in the expeditious consideration of this review hearing.
• By her email dated 17 October 2022 and in the subsequent telephone conversation with Ms Welsh, the Registrant declined the offer of an adjournment and agreed to this hearing proceeding in her absence.
• The Registrant can always seek an early review of any substantive order that the Panel may make

Proceeding in private
10. Ms Welsh made an application that this hearing should proceed wholly in private. She said that there would be references to the health of the Registrant that are properly to be regarded as private. Ms Welsh further submitted that it would not be practicable to conduct the hearing partially in private and partially in public. The Registrant’s health was central to the matters under review.

11. The Panel heard and accepted the advice of the Legal Assessor. It determined that for the reasons advanced by Ms Welsh, the entirety of the hearing should be conducted in private. The Panel noted that this was the procedure adopted at the previous hearings of this matter and was consistent with the wishes of the Registrant, as expressed in her telephone conversation with Ms Welsh.

The Registrar is directed to suspend the registration of Ms Janine Thomas for a further period of 12 months on the expiry of the existing Order.

The Order imposed today will apply from 17 November 2022.

This Order will be reviewed again before its expiry on 17 November 2023.

Right of Appeal
You may appeal to the High Court in England and Wales against the Panel’s decision and the order it has made against you.

Under Articles 30(10) and 38 of the Health Professions Order 2001, any appeal must be made to the court not more than 28 days after the date when this notice is served on you.

History of Hearings for Ms Janine Thomas