Michael D Butterworth

Preliminary matters

Proof of Service

1. The Panel was provided with confirmation that a Notice of Hearing had been sent by the HCPC on 9 March 2023, to the email address shown for the Registrant on the HCPC register. The Panel noted that the email delivery receipt confirms that the email was delivered at 17.53. The Panel was satisfied that Notice had been properly served in accordance with Rule 3 (Proof of Service) and Rule 6 (date, time, and venue) of the Conduct and Competence Committee Rules.

Proceeding in Absence

2. Ms Constantine, on behalf of the HCPC, made an application for the hearing to proceed in the absence of the Registrant under Rule 11 of the Conduct and Competence Committee Rules.
3. The Panel was advised by the Legal Assessor and accepted that advice. The Panel also took into account the guidance as set out in the HCPTS Practice Note “Proceeding in the Absence of the Registrant.”
4. The Panel determined that it was fair and reasonable to proceed with the hearing in the absence of the Registrant for the following interrelated reasons:
5. The Panel noted that the Registrant signed a consensual disposal proforma on 12 April 2023 in which he confirmed that he wanted the HCPC to consider his request for Voluntary Removal from the register. The HCPC has agreed that Voluntary Removal would be an appropriate outcome. Therefore, the purpose of today’s hearing is to consider the signed agreement which is, in effect, a joint application made on behalf of both parties. In response to a reminder email from the HCPC that the Voluntary Removal Agreement (VRA) hearing would be taking place on today’s date, the Registrant stated in an email dated 11 June 2023 that he would not be attending the hearing. In these circumstances, the Panel was satisfied that the Registrant’s absence is a deliberate and voluntary waiver of his right to attend.
6. The Registrant has not made an application to adjourn and there is no indication that even if the case were to be adjourned that he would be willing to attend on any future date. Therefore, an adjournment would serve no useful purpose.

• There is no disadvantage to the Registrant as he has made it clear in his communications with the HCPC that he wishes to be removed from the Register.

1. It is in the wider public interest and the Registrant’s own interests that this hearing commences and proceeds expeditiously.

Private Hearing

5. Ms Constantine, on behalf of the HCPC, made an application for the hearing to be conducted in private under Rule 10 (1) (a) of The Health and Care Professions Council (Health Committee) (Procedure) Rules 2003 which provides that:

“At any hearing... the proceedings shall be held in public unless the Committee is satisfied that, in the interests of justice or for the protection of the private life of the health professional, the complainant, any person giving evidence or of any patient or client, the public should be excluded from all or part of the hearing;...”

6. The Panel noted that this case solely relates to the Registrant’s health. The Panel concluded that it would not be practical or appropriate to attempt to separate the health matters from the non-health matters. The Panel was mindful of the principle of ‘open justice’ but was satisfied that the entire hearing should be conducted in private to protect the Registrant’s right to a private life. Therefore, no specific references to the Registrant’s health will form any part of the public record.

ORDER: The Registrar is directed to remove the name of Michael D Butterworth from the Register with immediate effect.

No notes available

History of Hearings for Michael D Butterworth