Ms Margaret Dean

Profession: Dietitian

Registration Number: DT04278

Hearing Type: Final Hearing

Date and Time of hearing: 09:00 28/08/2018 End: 16:00 28/08/2018

Location: Health and Care Professions Tribunal Service (HCPTS), 405 Kennington Road, London, SE11 4PT

Panel: Conduct and Competence Committee
Outcome: Voluntary Removal agreed

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Allegation

Whilst employed as a Dietitian by Alder Hey Children’s NHS Trust:

1. In relation to Patient A:
a) On or around 20 May 2015, you miscalculated the ‘weight to scoop’ conversion for Patient A’s feed recipe;
b) On or around 20 May 2015, you did not document the calculations for Patient A’s feed recipe in his dietetic notes;
c) On or around 20 May 2015, you did not provide Patient A’s family with weighing scales;
d) Between 2 February 2015 and 6 June 2015, you did not plot Patient A’s weight on his growth chart;
e) On or around 21 May 2015, when Patient A’s mother raised concerns about the feed, you did not discuss with Patient A’s mother the instructions she was using to make the feed;
f) On or around 8 June 2015, when Patient A’s mother raised concerns about Patient A’s weight loss, you did not discuss this with a member of the clinical team;

2. In relation to Patient B:
a) On or around 25 June 2015, you changed Patient B’s feed plan;
b) Your actions described at particular 2(a) were carried out without you having consulted Patient B’s dietetic notes;
c) Your actions described at particular 2(a) were carried out without you having consulted with a senior dietetic colleague and/or consultant;

3. Between 31 March 2015 and 1 July 2015, you did not adequately document on Patient C’s Dietetic Record Card:
a) actions; and/or
b) dietetic interventions;

4. Between 26 March 2015 and 1 July 2015, you did not adequately document on Patient D’s Dietetic Record Card:
a) a follow-up plan; and/or
b) dietetic reviews of referrals;

5. Between 25 March 2015 and 1 July 2015, you did not adequately document on Patient E’s Dietetic Record Card:
a) actions; and/or
b) a follow-up appointment;

6. Between 23 March 2015 and 1 July 2015 you did not adequately document on Patient F’s Dietetic Record Card:
a) actions; and/or
b) dietetic interventions; and/or
c) a follow-up plan;

7. In relation to Patient G, between 1 April 2015 and 1 July 2015, you did not adequately document the patient referral;

8. In relation to Patient H, between 24 October 2014 and 1 July 2015, you did not adequately document the patient referral;

9. In relation to Patient I, between 17 December 2014 and 1 July 2015, you did not adequately document the patient referral;

10. Your actions described at particulars 1 to 9 constitute misconduct and/or lack of competence;

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

Finding

Preliminary Matters
Service


1. A letter notifying the Registrant of the hearing was sent to her registered address on 14 August 2018. Although this was short notice it was waived by the Registrant. The Panel is satisfied that the letter contained the matters required by the rules and therefore that service has been effected in accordance with the rules.


Proceeding in the Absence


2. There has been no response from the Registrant to the Notice but she has signed and returned the Voluntary Removal Agreement dated 20 August 2018.  She has not requested an adjournment. The nature of this application is such that it is in the Registrant’s interest that the matter should proceed as it is her wish that her name be removed from the Register. The Panel is satisfied that no injustice would occur to the Registrant if it were to proceed in her absence. It has therefore determined to proceed in the absence of the Registrant. 


Background


3. The Registrant was employed as a Dietitian at the Alder Hey Childrens’ NHS Trust. At the Substantive Hearing on 23 August 2017 the Registrant’s fitness to practise was found to be impaired. In regard to sanction the Panel had in mind that her failings related to a number of vulnerable service users who were placed at risk of serious harm. However the substantive panel took into account that the Registrant had made a number of admissions to the allegations and had demonstrated remorse. Furthermore, that in the course of a long career there had been no findings against her by this or any other HCPTS panel. That panel concluded that her failings were capable of remediation and therefore suspended her registration for 12 months.


4. The Registrant has, however, informed the HCPC that she has no wish to return to practice. She has expressed the wish for her name to be removed from the Register.  Ms Mbah supported the application. She submitted that the agreement would adequately safeguard service users and also the public interest. 


Decision


5. In reaching its decision the Panel has considered all the information before it, in particular the proposed Voluntary Removal Agreement.  It has considered the submissions made by Ms Mbah and has had in mind the Council’s guidance, Disposal of Cases by Consent. It has accepted the advice of the Legal Assessor. 


6. The Panel is aware that is must consider the public interest.  This includes not only the protection of service users, but also the maintenance of public confidence in the profession and in the Council as regulator and the declaring and upholding of proper standards of conduct and of behaviour.  Also it must consider the Registrant’s interests.


7. Voluntary removal results in immediate protection of the public.  The agreement prevents an application for restoration to the register until five years have elapsed.  At any restoration application, the events giving rise to the matters determined at the substantive hearing would be considered.  Furthermore, there has been proper scrutiny by the Conduct & Competence Committee of the Registrant’s conduct and her fitness to practise was found to be impaired.  That and the sanction imposed should reassure the public and the profession of the serious view taken by the Conduct & Competence Committee.


8. In all the circumstances, the Panel has concluded that it is in the public interest and also in the Registrant’s interest that the current Suspension Order should now be revoked. 
9. It therefore orders that the current Suspension Order be now revoked and that the Registrant’s name be voluntarily removed from the Register as of today. 


10. A copy of the Order, signed by the Panel Chair, is annexed. 

Order

Order:

The Panel 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

A hearing was held in London on 28 August 2018 in which a Voluntary Removal agreement was signed.

Hearing History

History of Hearings for Ms Margaret Dean

Date Panel Hearing type Outcomes / Status