Ms Lynda K Bailey

Profession: Biomedical scientist

Registration Number: BS33815

Hearing Type: Review Hearing

Date and Time of hearing: 10:00 14/03/2016 End: 16:00 14/03/2016

Location: Health and Care Professions Council, 405 Kennington Road, London, SE11 4PT

Panel: Conduct and Competence Committee
Outcome: Voluntary Removal agreed

Please note that the decision can take up to 5 working days to be uploaded onto the HCPTS website. Please contact one of our Hearings Team Managers via tsteam@hcpts-uk.org or +44 (0)808 164 3084 if you require any further information.

 

Allegation

During the course of your employment as a Chief Biomedical Scientist at Royal Berkshire NHS Foundation Trust, between March and June 2013, you:

1. Did not undertake the quality control processes for the Vancomycin assay on 17 May 2013 and this led to complete service delivery failure of the Vancomycin assay on 18 May 2013.

2. Did not undertake appropriate quality control measures in relation to immunoassay section as discovered during the review of 23 assays undertaken in June 2013, in that

a. 3 had different targets set across different platforms;

b. 8 had retargeting and/or recalibrations required;

c. 1 needed further troubleshooting;

d. 16 required remedial action;

e. Not Proved

3. As a result of your actions described in paragraph 2, there was a risk of incorrect and/or delayed diagnosis of clinically significant conditions in relation to PSA, Ferratin and Troponin assays.

4. The matters described in paragraphs 1 - 3 constitute misconduct and/or lack of competence.

5. By reason of that misconduct and/or lack of competence, you fitness to practise is impaired

Finding

Preliminary Matters:

Service:
1. Notice of today's hearing was sent to the Registrant by e-mail on 3 March 2016 and by post to her registered address on 9 March 2016. The Panel were satisfied that good service had been effected.


Proceeding in absence:
2. An application was made under Rule 11(b) of the Rules on behalf of the HCPC for the hearing to proceed in the absence of the Registrant. It was submitted that the Registrant is aware of today's hearing and that there is no requirement for her to attend because the hearing is to consider whether to approve an agreement for her to remove herself voluntarily from the Register.
3. The Panel have considered the guidance in the HCPC Practice Note "Proceeding in the Absence of the Registrant” and accepted the advice of the Legal Assessor. The Panel decided to exercise their discretion to proceed in the absence of the Registrant. The Panel were satisfied that the Registrant is aware of today's hearing and note that she is not required to attend if the matter proceeds to consider the application for voluntary removal. Given the nature of today's hearing, the Panel were satisfied that the Registrant has voluntarily absented herself and will not be disadvantaged by the matter proceeding in her absence.

Preliminary Matters:
4. The Panel heard the submissions made on behalf of the HCPC to the effect that the Registrant using the word “accepts” rather than “admits” the allegations may not necessarily amount to an admission. The Panel has determined to proceed on the basis that the Registrant has admitted the allegations which were found proved on 18 February 2015, confirmed by the signatures of both parties to the Deed setting out the terms of the Voluntary Removal Agreement (VRA) under which the Registrant will remove herself from the register and not seek re-admission to the Register.


Background:

5. The Registrant is a biomedical scientist and had been employed by the Royal Berkshire Hospital NHS Foundation Trust since 15 September 1980. At a hearing which took place between 16 to 18 February 2015 it was found that she did not undertake the quality control processes for the Vancomycin assay on 17 May 2013 and this led to complete service delivery failure of the assay the next day. Further, the Registrant did not undertake appropriate quality control measures in June 2013, leading to a risk of incorrect and/or delayed diagnosis of clinically significant conditions.   A Panel concluded that the Registrant’s fitness to practise was currently impaired and imposed conditions on the Registrant’s registration for a period of 12 months.
6. The Registrant applied for Voluntary Removal during a telephone conversation with the HCPC on 18 January 2016 and by an email of 25 January 2016. In both communications, the Registrant indicated that she wished to apply for voluntary removal from the Register. On 26 January 2016 the Registrant informed the HCPC that she had not been practising for over a year and had not been able to meet the Conditions of Practice Order.

7. This matter was to have been heard on 18 February 2016 but the hearing was adjourned until today to clarify the nature of this application.
8. A VRA by way of a Deed has been signed by both parties.


Decision:
9. The Panel have considered the Guidance in the HCPC Practice Note on “Disposal of Cases by Consent”. The Panel are satisfied that the agreement provides public protection and would not be detrimental to the wider public interest. The matter is suitable for disposal by consent. It has determined to revoke the Order of Conditions of Practice and to approve the VRA by way of a Consent Order.

Order

Order:


The Registrar is directed to remove the name of the Lynda K Bailey, from the Register with immediate effect.

 

Notes

No notes available

Hearing History

History of Hearings for Ms Lynda K Bailey

Date Panel Hearing type Outcomes / Status
14/03/2016 Conduct and Competence Committee Review Hearing Voluntary Removal agreed