Mr Paul Tuxford
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The following allegation was put before the Health Committee at the substantive hearing on 22 August 2013:
By reason of your health, your fitness to practise as an Operating Department Practitioner is impaired.
The Panel at the substantive hearing found the above allegation proved and Mr Tuxford’s fitness to practise impaired. A suspension order for a period of 12 months was imposed as a result.
1. The Panel has been convened to undertake a review of a suspension order imposed on 13 August 2015.
2. Mr Tuxford has neither attended this hearing nor been represented at it. The Panel first considered whether proper notice of the hearing had been sent to him, and concluded that the letter dated 12 November 2015 as amended by an email the following day satisfied that requirement. In giving separate consideration to the HCPC’s application that the hearing should proceed in the absence of Mr Tuxford, the Panel concluded that it should. The reasons for this decision were as follows:
o Mr Tuxford has consistently stated that he has not wished to attend hearings with regard to this fitness to practise matter. So far as the present hearing is concerned, this statement was made in an email dated 13 November 2015;
o Mr Tuxford has not sought an adjournment or suggested that he would attend on another occasion if the hearing did not proceed at the present time;
o It follows that Mr Tuxford’s absence today amounts to a voluntary waiver of his right to attend the hearing;
o A review must be undertaken no later than 19 January 2016 to ensure that jurisdiction to deal with the matter is not lost;
o The consequence of the foregoing is that the clear public interest in the review taking place outweighs the absence of Mr Tuxford.
3. After the Panel directed that the hearing should proceed in the absence of Mr Tuxford, the Presenting Officer applied for a direction that the hearing should be conducted in private as matters relating to Mr Tuxford’s health underpinned the issue under discussion. The Panel acceded to this application. This full determination should similarly be treated as confidential, although a short public version of the Panel’s decision will be handed down. As such, this is a redacted public copy of the private decision.
4. On 13 August 2015 a panel of the Health Committee undertook a review of a 12 months suspension order initially imposed on Mr Tuxford on 22 August
2013. The suspension order was imposed on 22 August 2013 by a panel of the Health Committee that determined to be well founded an allegation that Mr Tuxford’s fitness to practise as an Operating Department Practitioner was impaired by reason of his health. The review on 13 August 2015 was undertaken under Article 30 of the Health and Social Care Professions Council Order 2001. The reviewing panel on 13 August 2015 concluded that the circumstances continued to require Mr Tuxford’s registration to be suspended, and ordered that a further suspension order, for a period of 4 months, should follow the previous period of suspension.
5. The present Panel has determined that Mr Tuxford’s fitness to practise remains impaired and that a sanction will continue to be required upon the expiry of the present period of suspension. Having concluded that no sanction that would enable him to return to practise would be appropriate, and that no useful purpose would be served by a further period of suspension, the Panel decided that a striking-off order should be made, such an outcome being permissible as Mr Tuxford has been continuously suspended for a period in excess of two years.
The Order will take effect on 19 January 2016 following expiry of the current Suspension Order.
This was a Health Committee hearing that took place at the HCPC on 16 December 2015.
History of Hearings for Mr Paul Tuxford
|Date||Panel||Hearing type||Outcomes / Status|
|16/12/2015||Health Committee||Review Hearing||Struck off|
|13/08/2015||Health Committee||Review Hearing||Suspended|