Miss Amanda E Tomison
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Your fitness to practise is impaired by reason of your health.
1. The Panel considered an application by Mr Pye to hold the hearing in private in terms of Rule 10(1)(a) of the Health Committee Procedure Rules given that the matter relates solely to the Registrant’s health. The Panel had regard to the HCPC’s practice note on Conducting Hearings in Private and considered the advice of the Legal Assessor. The Panel agreed that the hearing would be held in private as to do otherwise would be a disproportionate interference with the Registrant’s private life.
2. The Registrant is a Speech and Language Therapist and on 6 December 2013 a Panel of the Health Committee found that her fitness to practise was impaired by reason of her health and imposed a suspension order for a period of twelve months. That order was first reviewed on 3 December 2013 and a further suspension order was imposed for a period of twelve 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.
3. The Panel heard from Mr Pye who outlined the circumstances which led to the imposition of the original order and of the subsequent review hearing. Mr Pye explained that when the Registrant was employed as a Band 6 Speech and Language Therapist at NHS Grampian, concerns were raised about her practice, and following a disciplinary hearing, she was offered redeployment to a non-clinical role. As the Registrant would not accept this, her contract was terminated on the grounds of capability and the matter was reported to the HCPC. Mr Pye submitted that it was a matter for the Panel to determine if the Registrant’s fitness to practise is currently impaired and if so, the HCPC position was that a six month extension of the current suspension order would be appropriate.
4. The Panel also heard evidence from the Registrant who agreed that she was not currently fit to return to practise and that she had not felt able to undertake any voluntary work since the last review as a result of her health issues.
5. 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 first considered whether the Registrant’s current fitness to practise remains impaired. The Panel has not been provided with any new evidence to indicate any improvement in her health since the last review or to address the conclusions of the two independent medical reports produced for the substantive hearing. The Panel has therefore concluded that the Registrant’s fitness to practise remains impaired by reason of her health and a further order is therefore necessary.
6. The Panel has considered the sanctions available to it and has had regard to the HCPC Indicative Sanctions Policy. The Panel has also considered the advice of the Legal Assessor. The Panel considered that a caution order would not be appropriate as it would not impose any restriction on the Registrant’s ability to practise and given the Registrant’s serious health issues, would not adequately protect the public.
7. The Panel next considered a Conditions of Practice order but concluded that this would not be appropriate, given the Registrant’s wide ranging and serious health issues. In addition the Registrant is not currently practising and acknowledges that she is not currently fit to do so.
8. The Panel next considered a Suspension Order and concluded that this would be an appropriate and proportionate sanction as it would provide adequate protection for the public and would address the public interest considerations. The Panel has concluded that a period of six months would be appropriate. This would enable the Registrant to provide any up to date medical evidence for the reviewing Panel.
The Order will be reviewed before its expiry, i.e. 03 January 2016.
This was a HCPC Conduct and Competence Committee Hearing held in Glasgow on 24 November 2015.
History of Hearings for Miss Amanda E Tomison
|Date||Panel||Hearing type||Outcomes / Status|
|24/11/2015||Health Committee||Review Hearing||Suspended|