Mr Mark J Leathley

Profession: Physiotherapist

Registration Number: PH62728

Hearing Type: Interim Order Review

Date and Time of hearing: 09:00 24/08/2015 End: 12:00 24/08/2015

Location: Health and Care Professions Council, Park House, 184 Kennington Park Road, London, SE11 4BU

Panel: Conduct and Competence Committee
Outcome: Interim Conditions of Practice

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Allegation

The Interim Review Order hearing for Mr Mark J Leathley is taking place at The Health and Care Professions Council before the Conduct and Competence Committee Panel on Monday 24 August 2015.

Finding

Representation: 
The Council was represented by Mr Dominic Williams of the Health and Care Professions Council.
The Registrant was neither present nor represented.
This is the fourth review of an Interim Conditions of Practice Order imposed on 27 June 2014 for a period of 18 months and reviewed on 11 December 2014, 09 March 2015 and 08 June 2015.
Preliminary Matters:
The Panel was satisfied that the Registrant had been properly served with notice of the hearing in accordance with the Rules. Mr Williams explained to the Panel that the Registrant was unable to attend the hearing personally but that his solicitors had written to the Council indicating that no discourtesy was intended by his non-attendance and that he was content for the hearing to proceed without him being present.
Mr Williams invited the Panel to proceed with the hearing in the Registrant’s absence. The Panel considered the legal advice of the Legal Assessor and agreed that it was appropriate to exercise their discretion to proceed on the basis that:
• The Registrant had not requested an adjournment;
• He was content for the hearing to proceed;
• He had provided an explanation for his non-attendance on this occasion;
• His solicitors has been able to put forward representations on his behalf.
• He has voluntarily absented himself and it was just to continue in his absence.

Background:
1. The Registrant is a registered Physiotherapist. A complaint was made to the HCPC by a former patient of the Registrant that between January and March 2013 during the course of his employment as a Physiotherapist, he inappropriately touched her sexually on at least 12 occasions in his clinic and encouraged her to masturbate herself.  It was also alleged that he exchanged messages of a sexual nature with her. These allegations are denied by the Registrant.
2. On 27 June 2014 a Panel of the Investigating Committee imposed an Interim Conditions of Practice Order for a period of 18 months.
3. On 14 August 2014 a Panel of the Investigating Committee determined that there is a case to answer.
4. At the second review on 9 March 2015 the Panel varied the Interim Conditions of Practice Order to provide that the Registrant must not provide services to female service users without an objective and independent person, who is subject to health profession regulation, being present as a chaperone.
5. In April 2015 the matter was referred back to a Panel of the Investigating Committee to review the allegations against the Registrant in the light of the witness statements obtained by the HCPC.
6. By letter dated 19 May 2015 the HCPC notified the Registrant that, at its meeting on 14 May 2015, a Panel of the Investigating Committee determined that there is a case to answer in respect of an amended allegation.
7. On 8 June 2015, the Interim Order was reviewed for a third time and the Interim Order of Conditions varied.  

Decision: 
8. This is the fourth review of the Interim Order.  The Panel read the bundle of documents provided by the HCPC for the purpose of this review. The Panel took into account the HCPC’s Practice Note on Interim Orders and accepted the advice of the Legal Assessor.
9. Mr Williams invited the Panel to continue the current Interim Conditions of Practice Order without alteration. The Registrant’s solicitors had indicated by letter dated 12 August 2015, that the Registrant was content that the existing conditions be maintained.
10. The Registrant faces serious allegations of sexual misconduct and breach of professional boundaries. The Panel was satisfied that an Interim Order remains necessary for the protection of the public and in the wider public interest to uphold proper standards of conduct on the part of registrants and to maintain public confidence in both the profession and the regulator.
11. Accordingly, the Panel decided to confirm the existing conditions:
The conditions are as follows:
1. You must promptly inform the HCPC in writing of the identity of any employer(s) or other organisations through which you offer physiotherapy services, and you must update that information if that relationship ends and/or if you take up work with any further employer or organisation.
2.  You must inform the following parties that your registration is subject to these conditions:
a. any organisation or person employing or contracting with you to undertake work as a Physiotherapist;
b. any agency you are registered with or apply to be registered with (at the time of application); and,
c. any prospective employer (at the time of your application).
3. You must not be involved in the direct provision of services to female service users without an objective and independent person who is subject to health profession regulation being present as a chaperone.
4.  You must not treat any service user who is under the age of eighteen.
5.  You must keep a record of every case where you have been involved in the direct provision of services to female service users, in each case signed by the chaperone who must indicate their professional status.
6.  You must provide a copy of the records (from which all patient identifying information has been redacted) required by condition (5) to the HCPC not less than 14 days before each date on which this Order is to be reviewed.

Order

To confirm the Interim Conditions of Practice Order imposed on 8 June 2015.

Notes

No notes available

Hearing History

History of Hearings for Mr Mark J Leathley

Date Panel Hearing type Outcomes / Status
30/11/2015 Conduct and Competence Committee Final Hearing Struck off
13/11/2015 Conduct and Competence Committee Interim Order Review Interim Suspension
24/08/2015 Conduct and Competence Committee Interim Order Review Interim Conditions of Practice
08/06/2015 Conduct and Competence Committee Interim Order Review Hearing has not yet been held