David G Mcquire

Profession: Biomedical scientist

Registration Number: BS25219

Interim Order: Imposed on 28 Oct 2014

Hearing Type: Final Hearing

Date and Time of hearing: 13:00 29/05/2015 End: 16:00 29/05/2015

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

Panel: Health Committee
Outcome: Voluntary Removal agreed

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Allegation

By reason of your physical and / or mental health, your fitness to practise as a Biomedical Scientist is impaired

Finding

Preliminary Matters

1. The Panel found that there had been good service of the proceedings, in accordance with the Procedure Rules 2003 by notice dated 22 April 2015.

2. The Panel next considered whether to proceed with the hearing in the absence of the Registrant. The Panel was advised by the Legal Assessor to consider the guidance in the HCPC Practice Note entitled Proceeding in the Absence of the Registrant (August 2012) and followed that advice. The Registrant has signed a pro forma on 22 January 2015, stating that he does not intend to appear or be represented at the hearing. He has also sent an email dated 26 May 2015 stating that he will not be attending the hearing today.

3. The Panel concluded that the Registrant is aware of the hearing today and has waived his right to attend. It is therefore in the public interest to proceed with the hearing today as there is no information to suggest that an adjournment would secure the Registrant’s attendance, the Voluntary Removal Agreement (VRA) indicates that he expects the hearing to proceed in his absence and there is an obligation to expedite these proceedings.

4. The Panel next considered the HCPC Practice Note entitled Conducting Hearings in Private (August 2012) and the advice of the Legal Assessor. The Practice Note states there are two broad circumstances in which all or part of a hearing may be held in private: where it is in the interests of justice to do so; or where it is done in order to protect the private life of the person who is the subject of the allegation. A decision to sit in private may relate to all or part of a hearing. Given that conducting proceedings in private is regarded as the exception, Panels should always consider whether it would be feasible to conduct only part of the proceedings in private, before deciding to conduct all of the proceedings in private. The Panel decided that this hearing should be conducted wholly in private in order to protect the private life of the Registrant.

Background

5. The Registrant is registered in the Biomedical Scientist (BMS) Part of the HCPC Register. He was employed by Nottingham University NHS Trust which referred him to the HCPC on 25 November 2013, when he was suspended from work and under investigation. At a disciplinary hearing on 15 May 2014 a final written warning was issued for 12 months. The suspension was lifted but the Registrant did not return to work and was referred to Occupational Health. He had a number of meetings with Occupational Health and a return to work was considered.

6. However the Registrant resigned from his employment in October 2014, at which stage he had been on sick leave since 16 May 2014. Following the Registrant’s resignation from his employment, an Interim Suspension Order for 18 months was imposed by a Panel of the HCPC. This order was continued at a review hearing on 13 April 2015. The HCPC’s investigation disclosed a previous issue at work which was not referred to the HCPC at that time. The Registrant had been subject to an earlier sanction by his employer, being downgraded and he had been issued with a written warning for 9 months on 13 August 2013 for a number of work related incidents, where health issues were involved.

7. On 9 January 2015 an HCPC Investigating Committee Panel decided that there was a case to answer and that the matter should be referred to a Panel of the Health Committee. The Registrant completed the response pro forma and consented to a medical examination. He states that he has taken early retirement with no intention of returning to work, and wishes to be removed from the HCPC register. He was advised of the Voluntary Removal Process and the effect of such a removal. The incident in November 2013 was investigated and the allegations were proved and found to amount to gross misconduct. The Registrant received a final written warning, following the disciplinary hearing in May 2014. A report was obtained from a Consultant Occupational Physician dated 29 July 2014.

Decision

8. The Registrant’s fitness to practise is impaired according to the HCPC. This has been accepted by the Registrant who states that he has taken early retirement and has no intention of returning to work.

9. An HCPC Registrant, who wishes to cease practice but has an outstanding allegation in relation to his fitness to practise, may enter into a VRA with the HCPC.

10. In this case a VRA agreement has been signed by both parties, dated 14 May 2015.  The HCPC submits this is a proportionate and pragmatic way to dispose of the case in the public interest and the Registrant should be allowed to remove himself from the HCPC register. This is not a case in which a public hearing is required to maintain public confidence in the regulatory process or the profession. These are serious allegations which could lead to a finding of impairment. However there is no reason that the public interest requires this case to proceed to a final hearing because the effect of the VRA is the same as a sanction to strike off the Registrant. Therefore the HCPC submits the public will be adequately protected if the Registrant is permitted to resign from the register.

11. The Panel is satisfied that a voluntary removal is consistent with the protection of the public; taking into account that the Registrant will be removed from the HCPC register in the same way as if a striking off order had been made against him. The Panel therefore consents to the HCPC discontinuing the above proceedings against the Registrant by means of a VRA because it is appropriate to do so. He will be removed from the HCPC register as if a striking off order had been made against him under Article 29 of the Health and Social Work Professions Order 2001 which could be imposed following a 2 year Suspension or Conditions of Practice Order.

Order

The Voluntary Removal Agreement is approved.

Notes

If the Registrant seeks to return to the HCPC Register at any time the application would be treated as if the registrant had been struck off as a result of that allegation.

Hearing History

History of Hearings for David G Mcquire

Date Panel Hearing type Outcomes / Status
29/05/2015 Health Committee Final Hearing Voluntary Removal agreed