Mr Matthew Chambers

Profession: Physiotherapist

Registration Number: PH91567

Hearing Type: Review Hearing

Date and Time of hearing: 09:00 22/09/2016 End: 12:00 22/09/2016

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

Panel: Conduct and Competence Committee
Outcome: Conditions of Practice

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Allegation

(Found proved at the Final Hearing on 24 March 2015)

During your employment as a Physiotherapist for Northern Lincolnshire and Goole NHS Foundation Trust:

 

1.     On 4 December 2012, in relation to Patient A, you failed to provide adequate post-operative treatment in that you:

 

a)     Did not explain the expected aims of the proposed physiotherapy treatment to the patient.

 

b)    Did not teach the patient:

 

i.              a supported cough.

ii.             thoracic expansion exercises with 2-3 second breath hold.

iii.            toes and/or ankles and/or quads exercises.

 

c)     NOT PROVED

 

2.     On or around 17 January 2013, you:

 

a)     In relation to Patient B, you:

 

i.              did not recognise that the patient was desaturating and needed urgent assistance;

ii.             did not notice that the pulse oximeter probe had come off the patient's finger;

iii.            NOT PROVED

 

b)    You provided an inaccurate review of Patient C in that you stated that they had been ventilated on the HOBS bay when this was not the case.

 

3.     On or around 22 January 2013, in relation to Patient D you:

 

a)     Performed or attempted to perform an unsafe transfer in that you:

 

i.              Failed to risk assess the patient’s environment sufficiently prior to moving her.

ii.             Did not reposition the patient’s fluid lines prior to moving her.

iii.            Did not remove the patient’s flowtron boots prior to moving her.

iv.            Instructed her to put her hands on your shoulders when she was unable to maintain her own sitting balance.

 

b)    NOT PROVED

 

4.     NOT PROVED

 

5.     On 28 January 2013, in relation to Patient F you:

 

a)     Did not know if the patient was pre or post op.

 

b)    Failed to conduct an adequate assessment in that you did not perform a respiratory check, including auscultation;

 

c)     Did not give the patient any advice regarding breathing exercises and/or coughing.

 

d)    Failed to adequately risk assess the patient prior to attempting to move him in that you:

 

i.              Did not check his drain sites;

ii.             Did not asses his lower limb power;

iii.            Did not assess his active toe and/or ankle and/or static quad contraction.

 

6.     On 30 January 2013 you failed to manage a clinical situation in that you asked Patient G, who had failed a stairs assessment, to attempt a stairs assessment on 7 further occasions.

 

7.     On or around 30 January 2013, in relation to Patient H, you:

 

a)     Planned to discharge her home in unsafe circumstances in that she had no equipment in situ at home;

 

b)    Failed to maintain accurate records in that you documented that you had observed her mobilising independently on the ward with a 4 wheeled walker when this was not the case.

 

8.     On 18 March 2013, in relation to Patient I, you failed to conduct a safe stairs assessment in that you:

 

a)     Did not check the patient’s oxygen saturation levels prior to commencing the assessment;

 

b)    Did not have a wheelchair prepared for the patient to use if required.

 

9.     The matters described in paragraphs 1 - 8 constitute misconduct and/or lack of competence.

 

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

Finding

Preliminary Matters:


1. Service having been found to have be properly effected, Ms Ebanks on behalf of the HCPC applied for the hearing to proceed in the absence of the Registrant.  She submitted that it was clear that the Registrant was aware of today’s hearing by virtue of communications from his representative.  She invited the Panel to exercise its discretion to proceed in the absence of the Registrant.


2. The Panel accepted the advice of the Legal Assessor and decided that it was fair to proceed in the absence of the Registrant.  It exercised its discretion carefully in considering the information that it had.  The Panel took into account the following considerations:
• The Registrant had not asked for an adjournment, and was in fact content for the hearing to proceed. He had clearly voluntarily absented himself.
• The Registrant had made clear his position as to what he wished the outcome of the hearing would be;
• This was a mandatory review which should proceed expeditiously.


Decision:


3. This is the first Review of a Conditions of Practice Order that was imposed on 27 March 2015 after a final Conduct and Competence hearing found the Registrant’s fitness to practice was impaired. 


4. Ms Ebanks on behalf of the HCPC submitted that as the Registrant has not been practising as a physiotherapist since 27 March 2015, he has not been able to evidence how the deficiencies identified by the last Panel have been addressed. Accordingly, he has not complied with the Conditions of Practice Order which relate to work as a Physiotherapist.  The Panel was reminded of the findings of the original Panel, where consistent failures by the Registrant were identified, despite a high degree of support from his employer at the relevant time.


5. The Panel accepted the advice of the Legal Assessor.  It considered the previous Panel’s findings of fact, reasons for finding impairment, and the reason for the sanction imposed.  It also took into account the limited information provided as to what the Registrant has been doing since the last hearing. 


6. The Panel has found that the Registrant, has been unable to demonstrate that his fitness to practice is no longer impaired. The current conditions remain appropriate if the Registrant does return to practise as a Physiotherapist. He has indicated that he hopes to return to practise within the next year. The Panel finds that the existing conditions are sufficient to protect patients and the wider public interest.  Notwithstanding the fact that the Registrant has not practised as a Physiotherapist, the Panel was disappointed that there had been no material provided that evidenced the Registrant’s developing insight since the last hearing.  A future reviewing Panel may be assisted by being provided with such material.


7. Meanwhile, the Panel exercising its independent judgment confirms that conditions of practice remain appropriate in all the circumstances, and extends the order for a period of 18 months. 

Order

Order: 


The Registrar is directed to extend the Conditions of Practice Order against the registration of Mr Matthew Chambers for a further period of 18 months on the expiry of the existing order.


1. You may not work without supervision as a physiotherapist in any area where it is necessary to have cardiovascular and respiratory competence until you have successfully completed a training rotation in an NHS setting and been found competent in these areas.

2. You must place yourself and remain under the supervision of a supervisor registered by the HCPC or other appropriate statutory regulator and supply details of your supervisor to the HCPC within 28 days of taking up employment as a registered physiotherapist.

3. You must attend upon that supervisor as required and follow upon their advice and recommendation and confine your work to those areas prescribed by that supervisor.

4. You must work with the supervisor named in accordance with Condition 2 to formulate a Personal Development Plan (PDP) designed to address the deficiencies in the following areas of your practice:


• risk assessment;
• organising and prioritising clinical assessments and treatments;
• working in a logical manner;
• case management skills, including the formulation of appropriate treatment plans which will maintain patient safety and achieve identified outcomes, involving other professionals as necessary.
• demonstrate the successful achievement of the relevant standards of proficiency which the Panel identified that he fell short of;
• 14 days prior to any review of these conditions, you must supply the HCPC with a report from the supervisor named in accordance with Condition 2, confirming that you have successfully addressed the deficiencies identified above.

5. 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); and
 
c. any prospective employer (at the time of your application).


 

Notes

The order imposed today will apply from 24 October 2016.


This order will be reviewed again before its expiry on 24 April 2018.

Hearing History

History of Hearings for Mr Matthew Chambers

Date Panel Hearing type Outcomes / Status
29/03/2018 Conduct and Competence Committee Review Hearing Voluntary Removal agreed
22/09/2016 Conduct and Competence Committee Review Hearing Conditions of Practice