Mr Shaun J Sefton

Profession: Biomedical scientist

Registration Number: BS33212

Hearing Type: Final Hearing

Date and Time of hearing: 09:00 08/05/2018 End: 16:00 08/05/2018

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

Panel: Conduct and Competence Committee
Outcome: Voluntary Removal agreed

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Allegation

Your fitness to practise as a Biomedical Scientist is impaired by reason of your health, as described in:

Schedule A

Finding

Preliminary Matters

Service

1. The HCPC produced evidence that Notice of today’s hearing had been sent to the Registrant by way of letter, which contained the full and correct details of today’s hearing. This letter had been sent using the appropriate postal service and posted in sufficient time on 1 March 2018 to the address shown on the HCPC’s Register. The Panel accepted that the Rules relating to service of Notice had been complied with.

Proceeding in the Registrant’s Absence

2. Ms Senior, on behalf of the HCPC, made an application to proceed with the hearing in the Registrant’s absence. She submitted service had been effected, all reasonable steps had been taken to serve Notice, and there was nothing to suggest an adjournment would secure the Registrant’s attendance. She submitted that it was in the Registrant’s own interests and that there was also a public interest in the matter proceeding today.

3. The Panel accepted the Legal Assessor’s advice on the matters to be considered. The Panel is aware that its discretion to proceed in absence is one which should be exercised with the utmost care and caution. The Legal Assessor gave advice to the Panel and referred it to the HCPTS Practice Note on “Proceeding in the Absence of the Registrant” (March 2017) and to R v Jones [2002] UKHL 5 and GMC v Adeogba [2016] EWCA Civ 162. Those cases make clear that the first question the Panel should ask is whether all reasonable efforts have been taken to serve the Registrant with Notice. Thereafter, if the Panel is satisfied in respect of Notice, the discretion whether or not to proceed must be exercised having regard to all the circumstances of which the Panel is aware, balancing the interests of the Registrant against that of the HCPC and the wider public interest, with fairness to the Registrant being a prime consideration.

4. The Panel concluded that there was nothing to suggest that an adjournment today would secure the Registrant’s attendance in the future. It noted the Registrant has indicated his full acceptance of the Voluntary Removal Agreement and he is aware of the hearing today. The Panel decided that it was fair and appropriate to proceed in the absence of the Registrant and, in particular, that it was in his own interests to proceed today, given the circumstances of the case.

Proceeding in Private

5. Ms Senior made an application for the entire hearing to be held in private. The Panel accepted the advice of the Legal Assessor and considered the HCPTS Practice Note “Conducting Hearings in Private” (March 2017). It balanced the interests of the public for a hearing to be held in open session with the interests of the Registrant. It decided that the issues in this case related specifically and exclusively to the Registrant’s private life, in particular his health, and therefore concluded the hearing should be held entirely in private. As such, this is a redacted public copy of the decision.

Decision

22. The Panel has concluded that the Voluntary Removal of the Registrant from the Register is both appropriate and proportionate.

Order

That the Registrar is directed to remove the name of Mr Shaun J Sefton from the Register with immediate effect.

Notes

No notes available

Hearing History

History of Hearings for Mr Shaun J Sefton

Date Panel Hearing type Outcomes / Status
08/05/2018 Conduct and Competence Committee Final Hearing Voluntary Removal agreed