Mr Kes Outhwaite

Preliminary Matters

1. The Panel is considering an application in terms of Article 33 of the Health and Social Work Professions Order 2001 for Restoration to the Register by Mr Kes Outhwaite (“the Applicant”). Mr Outhwaite was present and represented himself. Ms Aguie Mbah for the HCPC set out the position. She referred to the relevant rules of the Health and Social Work Professions Order 2001 (“the Rules”) and to Article 33 on restoration. She set out in summary the background, including the conviction of the Applicant of failing to provide a breath sample for analysis. At the HCPTS Final Hearing in May 2007, the Applicant was struck off the register.

Background

2. On 30th May 2007, a Panel of the Conduct and Competence Committee found that the Applicant's fitness to practise was impaired by reason of his conviction, having plead guilty at Waltham Forest Magistrates' Court on 24th February 2006 for failing to provide a breath sample for analysis, contrary to section 7(6) of the Road Traffic Act 1988. The Applicant received a Community Order for 18 months and was ordered to pay costs and was disqualified from driving for a period of three years, with a drink-drivers programme requirement. His licence was endorsed. He was also ordered to pay £70 prosecution costs. The Applicant was not present or represented at that HPC hearing and the Panel decided to impose a suspension order for a period of 12 months. The case was then reviewed on 6th May 2008, and on this occasion the reviewing panel decided to extend the suspension order for a further period of 12 months. The Registrant was not present or represented at this hearing. At the subsequent review hearing on 27 April 2009, the Panel imposed a Striking Off Order.

Decision

3.At the hearing today, the Applicant gave evidence to the Panel and provided a bundle of documents which included a personal statement and evidence of recent professional development and supervised practice.

4.The Panel accepted the advice of the Legal Assessor and had regard to the HCPTS Practice Note on “Restoration to the Register”. It understood that it was for the Applicant to provide evidence to satisfy the Panel that he meets the general requirements of registration, and is a “fit and proper person” to practise in the profession. It also had regard to the HCPC guidance on “Returning to Practice”.

5.The Panel today was very impressed by the Applicant’s oral evidence. He was very genuine, open and honest and answered all questions put to him. He explained the circumstances in his private life which had contributed to the offence. He also expressed genuine insight, remorse and regret for his actions and explained the steps he had taken to avoid any repetition. The Applicant demonstrated that he understood the negative impact that his actions had both on his profession and regulator. He had completed the Drink Driving course and now would not consume any alcohol if driving and had reduced his alcohol consumption. He also explained that he had failed to notify the HCPC of his change of address at the time of his conviction and was not therefore aware of the proceedings. He expressed his genuine remorse for failing to notify HCPC and clearly understood why it was important to do so.

6.The Applicant explained in detail the steps which he has taken to keep his professional knowledge and skills up to date. He has provided evidence of 70 days of supervised practice and evidence of completion of the required study and supervised practice for the Level 3 of the Australian Physiotherapy and Pilates Institute Course and advised that he would complete the final examination on 18 January 2019. Again the Panel was very impressed with the efforts made by the Applicant in this area. The Panel is satisfied that the 70 days of supervised practice and the certified courses of study which the Applicant has undertaken in his own time and at his own expense far exceeds the requirements of a Return to Practice Course which is mainly classroom based. The Applicant impressed the Panel by his dedication and commitment to Physiotherapy and his determination to practise to a safe and effective standard.

7. The Panel has therefore concluded that the Applicant meets the general requirements of a physiotherapist and is a fit and proper person to be restored to the register.

8.In all the circumstances, the Panel has decided to grant the application to restore the Applicant to the Physiotherapy part of the HCPC Register.

Order: The Registrar is directed to restore the name of Mr Kes Outhwaite to the Physiotherapy Part of the Register, but restoration is only to take effect once the Applicant has:

• Provided the Registrar with any information and declarations required for admission to the Register;

• Paid the prescribed fee;

• Satisfied the Registrar that, in relation to the Applicant, there is or will be in force appropriate cover under an indemnity arrangement; and 

• Provided evidence which satisfies the Registrar that the Applicant has successfully completed a 60 day period of professional updating in accordance with the HCPC Standards for Return to Practice.

No notes available

History of Hearings for Mr Kes Outhwaite