Peter T James

Profession: Hearing aid dispenser

Registration Number: HAD00656

Hearing Type: Review Hearing

Date and Time of hearing: 12:00 08/05/2015 End: 16:00 08/05/2015

Location: Park Plaza Cardiff, Greyfriars Road, Cardiff, CF10 3AL

Panel: Conduct and Competence Committee
Outcome: Conditions of Practice

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Allegation

During the course of your employment as a Hearing Aid Dispenser with Amplifon, you:

 

1. Did not keep adequate records including appointment notes, hearing tests, medical referrals and signed receipts on service user files.

  

3. Did not perform masking when required on audiometry.

 

4. Did not sign off audiometric assessments with audiometer details.

 

5. The matters described in paragraphs 1 - 4 constitute misconduct and/or lack of competence.

 

6. By reason of that misconduct and/or lack of competence your fitness to practise is impaired.

Finding

Preliminary Matters

1.     The Panel were mindful that the presumption remains that this is a public hearing. However, where matters relating to the health of any parties may arise, the Panel reminded itself of Rule 10(1) of the Conduct and Competence Committee Rules (the Rules) that parts of the hearing may be heard in private. When matters of health arose in the course of the hearing, the Panel duly came to the decision that the interests of those parties concerned outweighed the public interest in parts of this matter being heard in private. The Panel accepted the advice of the Legal Assessor on this point. As such, this is a redacted public version of the private decision.

 

Background

2.     The Registrant is a Hearing Aid Dispenser who was employed by Amplifon in Cardiff from 18 January 1999 until March 2013. On 01 May 2014, a Panel of the Conduct and Competence Committee found that his fitness to practise was impaired by reason of his misconduct, having found that he did not keep accurate records, including appointment notes, hearing tests, medical referrals and signed receipts on service user files (particular 1). On that date, the Panel imposed a Suspension Order for a period of 12 months. The Panel today is conducting a review of that Suspension Order in terms of Article 30(1) of the Health and Social Work Professions Order 2001.

 

 

Decision

3.     The Panel heard from Mr Chan, who outlined the circumstances which led to the imposition of the Suspension Order. Mr Chan referred the Panel to the guidance given by the previous Panel as to what may assist a future Panel, i.e. evidence of his reflections in relation to the issues and details of any remedial action taken. Mr Chan advised that it was a matter for the Panel to determine what would be appropriate in those circumstances.

4.     The Panel also heard evidence from the Registrant and from MJ, a witness on the Registrant’s behalf and a registered Hearing Aid Dispenser with whom the Registrant is currently working as a Hearing Care Assistant.

5.     The Registrant has advised the Panel that he was working under a lot of pressure at Amplifon and that he also had personal pressures, and that he missed things as a result of this. He explained that he now appreciated the importance of record keeping. He also explained that he had been working as a Hearing Care Assistant one day per week and produced a copy of a personal log that he had kept of the cases he had dealt with. He also produced evidence of training which he had undertaken since the last hearing. The Panel also heard evidence from MJ, with whom the Registrant had been working. He confirmed that the Registrant had been working to a satisfactory standard. MJ had stated that he had checked approximately 10% of the Registrant’s electronic notes and all of his audiograms and there were no issues arising from any of these records.

6.     The task of the Panel today is not to go behind the decision of the previous panel but to determine what, if any, order should be made when the current Order expires. The Panel has considered the sanctions available to it and has had regard to the HCPC’s “Indicative Sanctions Policy”. The Panel has also considered the advice of the Legal Assessor.

7.     The Panel considered the Registrant’s evidence and that of MJ. The Panel is satisfied that the Registrant has displayed genuine remorse for his failings and has demonstrated some insight. While the Panel has had sight of the personal log of the Registrant’s activities, it would have assisted the Panel to see redacted copies of electronic records. In addition, the Registrant has not undertaken any accredited training and has not produced evidence of his personal reflections as suggested by the previous Panel. In these circumstances, the Panel cannot be satisfied that he has remedied his failings in relation to record keeping and cannot be satisfied that there will not be any repetition. The Panel has therefore concluded that the Registrant’s fitness to practise remains impaired.

8.     In the absence of sufficient remediation, the Panel determined that a caution order would not be appropriate and would not be sufficient to protect the public or to address the wider public interest considerations. The Panel next considered a Conditions of Practice Order. The Panel is of the view that the Registrant’s failings are remediable and the Registrant has demonstrated a willingness to address his failings. The Panel has therefore determined a Conditions of Practice Order would be a proportionate sanction. The Panel has determined that a period of one year would be sufficient to allow the Registrant to address the issues in relation to record keeping.

 

Order

The Registrar is directed to annotate the Register to show that, for a period of 12 months with effect from the expiry of the current order (“the Operative Date”), in terms of Article 30 (1)(b) of the Health and Social Work Professions Order 2001, you, Mr Peter T James, must comply with the following conditions of practice:

1.     You must promptly inform the HCPC if your employment status changes or if you take up any further employment.

2.     You must promptly inform the HCPC of any disciplinary proceedings taken against you by your employer.

3.     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 professional work;

b)     Any agency you are registered with or apply to be registered with (at the time of application);

c)     Any prospective employer (at the time of application).

4.     You must work with your supervisor to formulate a Personal Development Plan designed to address the deficiencies in your record keeping.

5.     Within 3 months of the Operative Date you must forward a copy of your Personal Development Plan to the HCPC.

6.     You must meet with your supervisor on a monthly basis to consider progress towards achieving the aims set out in your Personal Development Plan.

7.     You must allow your supervisor to provide information to the HCPC about your progress towards achieving the aims set out in your Personal Development Plan.

8.     You must maintain a reflective practice profile detailing the rationale for improved record keeping including the benefits to clients, colleagues and your professional practice. You must produce the reflective practice profile for the next reviewing panel.

 

Notes

This Order will come into effect on expiry of the current Order (29 May 2015). This Order will be reviewed before it expires on 29 May 2016.

Hearing History

History of Hearings for Peter T James

Date Panel Hearing type Outcomes / Status
21/04/2016 Conduct and Competence Committee Review Hearing No further action
08/05/2015 Conduct and Competence Committee Review Hearing Conditions of Practice