Mrs Claire Herbert

Profession: Chiropodist / podiatrist

Registration Number: CH13284

Hearing Type: Review Hearing

Date and Time of hearing: 10:00 12/08/2019 End: 17:00 12/08/2019

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

Panel: Health Committee
Outcome: Suspended

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Allegation

The following Allegation was found proved by a panel of the Health Committee at a Substantive Hearing on 29 August 2017.

Your fitness to practise as a Chiropodist / Podiatrist is impaired by reason of your physical and / or mental health.

Finding

Preliminary Matters

Service

1. This review hearing was listed to take place on 12 August 2019. Due notice of the hearing had been sent to the Registrant at her registered address by letter dated 11 July 2019, setting out the date, time and venue of today’s hearing. This was supplemented by a notice of hearing also being sent by email to the Registrant. The Panel was satisfied that there had been good service.

Proceeding in the Absence of the Registrant

2. Ms Simpson, on behalf of the HCPC, applied for the hearing to take place in the absence of the Registrant. The Legal Assessor referred to the relevant parts of the HCPTS Practice Note “Proceeding in the Absence of the Registrant”, and, in particular, the guidance given by the Court of Appeal in GMC v Adeogba [2016] EWCA Civ 162.

3. The Panel directed itself in accordance with the advice given by the Legal Assessor and concluded that the Registrant had voluntarily absented herself from today’s hearing. This was on the basis:

a. That the last contact on behalf of the Registrant was on 13 June 2017 and in an email set out:

“[the Registrant] has stated time and time again that she no longer is able to practise podiatry due to her [adverse health].  Kindly leave her alone.”

b. The Registrant had not asked for an adjournment.

c. The Registrant suffered from an ongoing health condition.

d. Given her health conditions, an adjournment would serve no useful purpose as it would be unlikely to secure her attendance on a future date.

4. The Suspension Order is due to expire on 26 September 2019 and this is a mandatory review. There is accordingly also a public interest in the hearing proceeding today.

5. In all the circumstances of the case, the Panel decided that it was fair to proceed in the absence of the Registrant and decided to do so.

Hearing in Private

6. Ms Simpson submitted that it was appropriate that the entire hearing be held in private in view of the health issues in this case. The Legal Assessor’s advice was accepted and the Panel decided to conduct the entire hearing in private, as the health issues form the entirety of the HCPC’s case against the Registrant and a private hearing would protect her privacy.


Decision

7. The Panel decided to impose a Suspension Order for a period of 3 months.

Order

ORDER: The Registrar is directed to suspend the registration of Mrs Claire Herbert for a further period of 3 months on the expiry of the existing Order.

Notes

The Order imposed today will apply from 26 September 2019.

This Order will be reviewed again before its expiry 26 December 2019.

Hearing History

History of Hearings for Mrs Claire Herbert

Date Panel Hearing type Outcomes / Status
12/08/2019 Health Committee Review Hearing Suspended
21/09/2018 Health Committee Review Hearing Suspended
23/08/2018 Health Committee Review Hearing Hearing has not yet been held
29/08/2017 Health Committee Final Hearing Suspended