Mr Bruce C Kirrage

Profession: Operating department practitioner

Registration Number: ODP06535

Hearing Type: Review Hearing

Date and Time of hearing: 10:00 01/12/2015 End: 12:30 01/12/2015

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

Panel: Health Committee
Outcome: Suspended

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Allegation

The following allegation was put before a Panel of the Health Committee at the Substantive Hearing which took place 13 – 14 December 2010:

Your fitness to practise is impaired by reason of your physical and/or mental health.

Finding

The Panel carefully reviewed all the information in the HCPC bundle of documents, an additional file note dated 2 January 2014 and the file note of the conversation with the Registrant dated 24 November 2015.

The Panel concluded that the Registrant’s fitness to practise is currently impaired, in the absence of new evidence since the last review. His health condition gives rise to the potential for harm to service users and presents risks relevant to the wider public interest in maintaining confidence in the profession and the regulatory process.

The Panel considered sanctions in ascending order of severity. The Panel concluded that taking no further action or a Caution Order would fail to mitigate the identified risks.

The Panel considered that it would be impossible to formulate workable conditions of practice given the lack of engagement by the Registrant and the nature of his health condition.

The Panel decided that a Suspension Order is sufficient to mitigate the risks and it is appropriate and proportionate in the circumstances. The Panel decided that a period of twelve months is appropriate as this would give the Registrant an opportunity to gather the further evidence to which he alluded and to reengage with the process. The Registrant and the Council have the right to seek an early review if new evidence comes to light.

Ms Willoughby submitted that the option of a Striking Off Order was available to the Panel. She submitted that although the Registrant has not been continuously suspended for two years, he has been suspended or subject to a Conditions of practice Order for two years. Ms Willoughby acknowledged that the HCPC Practice Note suggests that a two year period of suspension is required and that the reasonable interpretation of a lay person, including the Registrant, would be that the sanction of striking off is not available today. She confirmed that the HCPC’s submission that a striking off order was available to the panel had not been shared with the Registrant.

The Panel accepted the advice of the Legal Assessor that Article 29(6) is a jurisdictional provision and should therefore be interpreted narrowly. The Panel took the same view as the previous review Panel that a Striking Off order may not be made under Article 29(6) of the Health and Social Work Professions Order 2001 unless the Registrant has been continuously suspended for a period of two years.

The Panel therefore decided that the appropriate and proportionate sanction was to impose a further Suspension Order for a period of 12 months.

Order

The Registrar is directed to suspend the registration of Mr Bruce C Kirrage for a period of 12 months upon expiry of the current suspension order.

Notes

This order comes into effect upon expiry of the existing Suspension Order on 11 January 2016.

Hearing History

History of Hearings for Mr Bruce C Kirrage

Date Panel Hearing type Outcomes / Status
08/12/2016 Health Committee Review Hearing Struck off
01/12/2015 Health Committee Review Hearing Suspended