Mr Stephen G Morgan

Profession: Occupational therapist

Registration Number: OT35127

Hearing Type: Final Hearing

Date and Time of hearing: 10:00 25/03/2019 End: 17:00 25/03/2019

Location: Park Inn by Radisson, Telephone House, Wentworth Street, Peterborough, PE1 1BA

Panel: Conduct and Competence Committee
Outcome: Conditions of Practice

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Allegation

Whilst registered as an Occupational Therapist and during the course of your employment at Cambridgeshire and Peterborough NHS Foundation Trust:

1. In relation to Service User A you completed a home visit on or around 28 October 2016 and:
 a. Did not make a record of the visit
 b. Did not request the required equipment and / or    adaptations until around 1 December 2016

2. [Found not proved].

3. In relation to Service User C on or around 27 September 2016 you did not demonstrate:
a. Collaborative working in that you misinterpreted what your colleague said during a meeting
b. Effective clinical reasoning in relation to the kitchen assessment

4. In relation to Service User D you did not ensure that the required equipment was available in time for the scheduled discharge on 21 September 2016

5. In relation to Service User E you:
a. Did not complete and/or record a discharge      assessment summary
b. Did not arrange follow-up care following Service User E’s discharge on or around 4 August 2016

6. In relation to Service User F you did not write a report in relation to the access visit completed on or around 31 October 2016

7. In relation to Service User G you completed a home visit on or around 9 November 2016 and you did not record:
a. A home visit report 
b. A transfer summary

8. In relation to Service User H you completed an access visit on or around 20 October 2016 and did not complete an access visit report

9. In relation to Service User I you called Service User I’s son on or around 13 October 2016 regarding a home visit and you:
a. Did not record a summary of the visit
b. Did not record a report of the visit

10. In relation to Service User J you did not record a home visit you completed on or around 16 December 2016

11. In relation to Service User K you:
a. On or around 15 November 2016 did not order the equipment which you had identified as required for Service User K’s discharge in a timely manner
b. Did not record the equipment order in Service User     K’s notes

12. In relation to Service User L in approximately February 2017 you did not facilitate the discharge in that you:
a. Did not successfully contact the housing team
b. Did not arrange an access visit
c. Did not arrange the required equipment

13. In relation to Service User N in approximately April 2015 you did not demonstrate adequate clinical reasoning in relation to the in that it was inappropriate to select her as a service user for a demonstration kitchen assessment.

14. The matters set out at paragraphs 1-13 constitute misconduct and / or lack of competence.

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

Finding

Preliminary matters
Application for hearing to be held in private

1.  Ms Mitchell-Dunn, on behalf of the HCPC, invited the Panel to conduct all of the hearing in private, submitting that conducting the hearing in private would protect the Registrant’s right to a private life.
2.  Ms Molyneux, on behalf of the Registrant, agreed with Ms Mitchell-Dunn’s representations submitting that it would be in the Registrant’s interest for the matter to be heard, in its entirety, in private.
3.  The Panel accepted the Legal Assessor’s advice and had regard to the HCPTS Practice Note on ‘Conducting Hearings in Private’.
4.  The Panel was satisfied that there was a need to protect the Registrant’s right to a private life and ordered that all of the hearing should be conducted in private.
5. As such, this is the redacted version of the decision.

Application to amend the particulars
6.  At the outset of the hearing Ms Mitchell-Dunn made an application to amend the Allegation. The Registrant had been put on notice of the proposed amendments in a letter dated 17 July 2018.
7.  Ms Molyneux did not oppose the HCPC application to amend the Allegation.
8.  The proposed amendments were as follows:
i. Particular 2 deletion of ‘22’ and insertion of ‘21’;
ii. Particular 5 (a) deletion of the word ‘assessment’ and insertion of the word ‘summary’; and
iii. Particular 13 deletion of the words ‘in relation to the’ and insertion of the words ‘in that it was inappropriate to select her as a service user for a demonstration’.

9.  The Panel accepted the advice of the Legal Assessor and carefully considered the HCPC application to amend the Particulars. The Panel concluded, after reviewing each of the proposed amendments, that they would agree to the Particulars being amended for the following reasons:
i. the Registrant had been provided with significant notice of the HCPC’s intention to amend the Allegation, having been put on notice in July 2018, four months before the commencement of the substantive hearing;
ii. the Registrant had not raised any objection to the proposed amendments;
iii. on the whole, the proposed amendments were to correct typographical errors and to provide further clarification of the Allegation; and
iv. the proposed amendments did not seek to widen the scope of the Allegation.
10.  The Panel therefore concluded that the proposed amendments did not heighten the seriousness of the Allegation and therefore there was no likelihood of injustice to the Registrant and agreed to the Allegation being amended.

Order

The Registrar is directed to annotate the Register to show that, for a period of 18 months from the date that this order comes into effect (“the Operative Date”), you, Stephen Morgan, must comply with the following conditions of practice:

1. You must inform the HCPC, within 7 days, if you cease to be employed by your current employer or take up any other or further employment.

2. You must inform the HCPC, within 7 days, of any disciplinary proceedings taken against you by your employer.

3. 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).

4. You must confine your professional practice to that of a Band 5 Occupational Therapist.

5. You must place yourself and remain under the supervision of a workplace Occupational Therapist supervisor at Band 6 or above registered with the HCPC and supply details of your supervisor to the HCPC within 14 days of taking up a position as an Occupational Therapist. You must attend upon that supervisor and follow their advice and recommendations.

6. You must work with your supervisor to formulate a Personal Development Plan designed to address the deficiencies in the following areas of your practice:
a) Clinical reasoning;
b) Record keeping;
c) Report writing;
d) Effective time management; and
e) Making referrals.

7. Within three months of taking up employment as an Occupational Therapist you must forward a copy of your Personal Development Plan to the HCPC.

8. You must meet with your supervisor on a monthly basis to consider your progress towards achieving the aims set out in your Personal Development Plan.

9. You must allow your supervisor to provide information to the HCPC about your progress towards achieving the aims set out in your Personal Development Plan.

10. You must produce a written reflective piece reflecting on the implications of the findings of the Panel, including an account as to how your actions impacted service users and their families, your colleagues, the Trust and the wider profession. The reflective piece should also demonstrate an understanding of collaborative working, effective communication and clinical reasoning. This should be submitted to the HCPC at least 28 days prior to any future reviewing panel.

Notes

This order will be reviewed again before its expiry on 22 October 2020.

Hearing History

History of Hearings for Mr Stephen G Morgan

Date Panel Hearing type Outcomes / Status
25/03/2019 Conduct and Competence Committee Final Hearing Conditions of Practice
26/11/2018 Conduct and Competence Committee Final Hearing Adjourned part heard
15/06/2018 Conduct and Competence Committee Final Hearing Hearing has not yet been held