Bronterre B Freelove
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Allegation
As a registered Podiatrist (CH32877) your fitness to practise is impaired by reason of your misconduct and/or health in that:
1. Between September 2015 until September 2016, whilst employed by Powys Teaching Health Board, you;
a. Did not ensure that patient records were stored in a secure location
b. Stored approximately 341 patient records at your home address, when it was inappropriate to do so.
c. Did not complete adequate case records.
2. You have a … health condition as set out in Schedule A
3. Your actions at paragraph 1 amount to misconduct.
4. By reason of your misconduct and/or health your fitness to practise is impaired.
Schedule A
[redacted]
Finding
Preliminary Matters
Hearing in private
1. In the Skeleton Argument dated 13 February 2024 and submitted within the bundle, the HCPC had applied for the proceedings to be held entirely in private. This was supported by the Registrant’s Representative. The view of both parties at that time was that health matters were underlying the Allegation and that the matter should be heard in private to protect the Registrant’s right to privacy.
2. The HCPC Presenting Officer altered her submissions on the day of the hearing and put forward that potentially the Panel could hear the proceedings only partially in private, unless it found that the misconduct elements were intrinsically linked to the Registrant’s health condition.
3. The Panel had advice from the Legal Assessor. The Registrant had not been notified that there would be a change in the HCPC’s application and the Legal Assessor advised that he should be given the opportunity to have representations made on this point.
4. The Panel acknowledged the open justice principle and the right of the Registrant to have his health matters kept private. It took the view that the decision was finely balanced as to whether the hearing should be partly or fully in private. It determined that in this case, the health matters were inextricably and fundamentally linked to the Allegation. The health conditions were also linked to the VRA that the Panel was being asked to consider. For this reason, the Panel found that it was not possible to hear any part of the proceedings in public. It determined to hear the proceedings entirely in private.
Decision
5. The Panel was satisfied that it was an appropriate, expeditious, and proportionate course to approve the disposal of these proceedings by consent, by means of the signed VRA dated 15 February 2024.
Order
The Panel granted the application for voluntary removal.
Notes
No notes available
Hearing History
History of Hearings for Bronterre B Freelove
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 19/02/2024 | Conduct and Competence Committee | Voluntary Removal Agreement | Voluntary Removal agreed |