Mr Allan Brown

Profession: Biomedical scientist

Registration Number: BS20736

Hearing Type: Final Hearing

Date and Time of hearing: 10:00 15/03/2016 End: 17:00 18/03/2016

Location: Park Inn by Radisson Glasgow City Centre, 139 - 141 W George Street, Glasgow Strathclyde, G2 2JJ

Panel: Conduct and Competence Committee
Outcome: Voluntary Removal agreed

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Allegation

The Panel confirmed the following allegation: Whilst registered as a Biomedical Scientist, you;

1) Between 28 October 2013 and 1 November 2013, attended work whilst under the influence of alcohol;

2) On or around 1 November 2013, were observed to be sleeping at the microscope;

3) The matters described in paragraphs 1 and 2 constitute misconduct.

4) By reason of your misconduct, your fitness to practise is impaired.

Finding

Preliminary Matters

 

Service and Proceeding in Absence

 

1.             The Health and Care Professions Council (“HCPC”) was represented by Mr Laith Dilaimi of Kingsley Napley. The Registrant was not present or represented. The Panel was satisfied that Notice of today’s hearing had been properly served on the Registrant in terms of Rules 3 and 6 of the Conduct and Competence Committee Procedure Rules. The Panel thereafter considered Mr Dilaimi’s application to proceed in the Registrant’s absence. The Panel is aware that the discretion to proceed in absence is one which should be exercised with the utmost care and caution. The Panel has had sight of correspondence from the Registrant from which it was clear that he is aware of today’s hearing. The Registrant has not asked for an adjournment of today’s hearing. The Panel has also taken account of the nature of the hearing and has concluded that there would be no prejudice caused to the Registrant by proceeding in his absence today. The Panel has therefore concluded that in all of these circumstances, it is in the public interest to proceed with this hearing in the Registrant’s absence.

 

 

Background

 

2.             The Registrant is a Biomedical Scientist registered with the HCPC and is the subject of an allegation that his fitness to practice is impaired by reason of his misconduct, in that between 28 October 2013 and 1 November 2013, he attended work whilst under the influence of alcohol and on or around 1 November 2013, he was observed to be sleeping at the microscope. The Registrant was subsequently referred to the HCPC. The Panel notes that Notice of an application to amend the dates set out in the allegation had been served on the Registrant on 18 November 2014, and that the Registrant had raised no objection to this.

 

3.             The HCPC has applied to withdraw the allegation on the basis that the Registrant wishes to be removed from the Register voluntarily. The Registrant has admitted the allegation in full and has undertaken not to practise as a Biomedical Scientist or use any title associated with that profession. The HCPC and the Registrant have concluded a Voluntary Agreement to take effect from 15 March 2016, subject to the Panel approving the HCPC’s application to withdraw the allegation and discontinue these proceedings.

 

 

Decision

 

4.             Mr Dilaimi outlined the circumstances which led to the referral to the HCPC. He submitted that the HCPC was satisfied that the Registrant fully understood the effect of the Voluntary Removal Agreement and that granting the application would not compromise the protection of the public or have any detrimental effect on the wider public interest.

 

5.             The Panel had sight of correspondence from the Registrant from which it is clear that he admits the allegation in full. He has advised that he has changed career and that he no longer wishes to practise as a Biomedical Scientist.

 

6.             The Panel considered all of the information and representations by Mr Dilaimi on behalf of the HCPC and the written representations of the Registrant. The Panel has applied its own judgement to the application to withdraw the allegation and to discontinue these proceedings. The Panel has also had regard to the HCPC’s Practice Note on “Disposal of Cases by Consent” and has accepted the advice of the Legal Assessor.

 

7.             The Panel noted that the HCPC is satisfied that it would be meeting its statutory objective of protecting the public if the Registrant was permitted to be removed from the Register on similar terms to those which would apply if he were subject to a striking off order under article 29(5) of the Health and Social Work Professions Order 2001. The Panel noted from the documents that the Investigating Committee had concluded that there is a case to answer and the Panel is satisfied that the Registrant has made a full admission of the allegation.

 

8.             The Panel had before it a Voluntary Removal Agreement which had been agreed between the HCPC and the Registrant and signed and executed by both parties in terms of which the Registrant admitted the allegations which had been made against him and agreed that he will resign from the HCPC Register on the terms and conditions fully set out in that Agreement. A Declaration that there was no other matter of which the Registrant was aware which might give rise to any other allegation was also signed by the Registrant.

 

9.             The Panel firstly considered whether there were any factors which would make it undesirable to allow the allegation to be concluded on the consensual basis set out in the Voluntary Removal Agreement. The Panel has concluded that, given the nature of the allegation, there are no overriding public interest factors that would require this matter to go to a full hearing.

 

10.           The Panel is aware that if the Registrant seeks to return to the HCPC Register at any time in the future, his application would be treated as if he had been struck off as a result of the allegation.

 

11.           In all the circumstances, the Panel is satisfied that both the public and the public interest would be adequately protected by the terms of the agreement reached between the Registrant and the HCPC in as much as the Registrant will henceforth be prevented from practising as a Biomedical Scientist and, should he wish to apply to return to the Register, he will be treated as though he had been struck off. In addition, the Panel is satisfied that this is an efficient method of disposing of this allegation in an appropriate and proportionate manner which is in the interests of the public, the HCPC and the Registrant and accordingly approves the Voluntary Removal Agreement and the withdrawal of the allegation and discontinuance of those proceedings.

Order

The Panel approves the withdrawal of the allegation and further approves the Voluntary Removal Agreement signed by the HCPC and by the Registrant, and agrees to his removal from the Register with immediate effect.

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 Mr Allan Brown

Date Panel Hearing type Outcomes / Status
15/03/2016 Conduct and Competence Committee Final Hearing Voluntary Removal agreed