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1. On 4 November 2014 at Hinckley Magistrates Court you were convicted of driving a motor vehicle when alcohol above the limit.
2. During the course of your employment as a Radiographer with University Hospitals of Leicester NHS Trust (The Trust) between June 2013 and February 2014, you:
a) Took around 32 days of unauthorised leave.
b) Your actions in paragraph 2a) above led to the Trust having problems with effective and safe staff allocation.
3. The matters set out in paragraph 2 constitute misconduct.
4. By reason of your conviction and misconduct your fitness to practise is impaired.
1. Miss England is registered with the HCPC as a Radiographer. The Panel has been asked by the HCPC and by Miss England to dispose of the above Allegation by consent.
2. Miss England has not attended the hearing but the Panel is satisfied that notice of the hearing has been served on her. The Panel has taken into account the HCPC Practice Note on ‘Proceeding in the Absence of the Registrant’ and is satisfied that Miss England is aware of the hearing and has chosen not to attend. A Panel should proceed in the absence of a Registrant only with the utmost care and caution.
3. Miss England has been in contact with the HCPC prior to this hearing regarding a disposal on the basis of a Voluntary Removal Agreement. It is clear that she agrees to such a step. There is no indication that if this matter were adjourned that Miss England would attend on a later date. It is in the public interest that allegations such as these proceed with reasonable expedition. The Panel takes into account the written consent that has been provided by Miss England and is satisfied it is in the interests of justice to proceed.
4. The Panel has considered the HCPC Practice Note “Disposal of Cases by Consent”. A case should be dealt with by consent only where a panel is satisfied that:
(i) the appropriate level of public protection is being secured; and
(ii) to deal with the case by consent would not be detrimental to the wider public interest.
5. It is not possible in law for a registrant to resign from the Register if the registrant is the subject of an allegation. However, in cases where the HCPC is satisfied that it would be adequately protecting the public if the registrant were permitted to resign from the Register, it may enter into a Voluntary Removal Agreement allowing the registrant to do so, but on similar terms to those which would apply if the registrant had been struck off.
6. In considering the ‘Disposal of Cases by Consent’ Practice Note, the Panel has noted the use of the phrase “but on similar terms to those which would apply if the Registrant had been struck off” which indicates to the Panel that voluntary removal is not a strict equivalent to striking off.
7. Miss England has signed a Voluntary Removal Agreement. In that document she admits the Allegation shown above. She asks to be removed from the Register.
8. Miss England is given credit for her admission. The Panel also takes into account that a Voluntary Removal Agreement would provide appropriate public protection.
9. The Panel has also taken into account the HCPC Indicative Sanctions Policy. The primary objective of the regulatory process is to ensure public safety. Orders made by a panel must be proportionate. Paragraph 41 of that document provides:
“Striking off should be used where there is no other way to protect the public, for example, where there is a lack of insight, continuing problems or denial. A registrant’s inability or unwillingness to resolve matters will suggest that a lower sanction may not be appropriate”.
10. The Panel is satisfied that voluntary removal is not disproportionate because Miss England does not intend to continue in practice as a radiographer. Therefore, this is not a case where a lesser order than strike off or removal from the Register, would be appropriate. There is no question of seeking to facilitate a return to practice in the future.
11. In all the circumstances the Panel has concluded that the proposed Voluntary Removal Agreement is an appropriate form of disposal of these proceedings.
The Panel directs that the proceedings be discontinued on the basis that the Registrar will remove the name of Miss Fiona England from the Register with immediate effect.
History of Hearings for Fiona England
|Date||Panel||Hearing type||Outcomes / Status|
|13/06/2016||Conduct and Competence Committee||Final Hearing||Voluntary Removal agreed|