Mr David R Cruickshanks

Profession: Chiropodist / podiatrist

Registration Number: CH09554

Hearing Type: Final Hearing

Date and Time of hearing: 10:00 21/11/2019 End: 17:00 22/11/2019

Location: Radisson Blu Hotel Edinburgh, 80 High Street, The Royal Mile, Edinburgh, EH1 1TH, United Kingdom

Panel: Health Committee
Outcome: Suspended

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Allegation

The allegation against you is as follows:

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

Finding

Preliminary Matters
1. The case for the Health and Care Professions Council (the “HCPC”) was presented by Ms Hannah Eales, of Kingsley Napley Solicitors. The Registrant was absent but was represented by Ms Jennifer McPhee, of Thompsons Solicitors.

Admissions
2. The Registrant admitted the facts of Particulars 1 and 2 of Schedule A of the Allegation and admitted that his fitness to practise is impaired by reason of his health.

Proceeding in private
3. The Panel agreed to grant the joint application by Ms Eales and Ms McPhee to conduct the hearing in private in terms of Rule 10(1)(a) of the Health Committee Procedure Rules 2003 (the “Rules”) to protect the Registrant’s privacy, given that the Allegation related solely to the Registrant’s health. The Panel accepted the advice of the Legal Assessor and considered the HCPTS Practice Note on “Conducting Hearings in Private”. The Panel concluded that the right of the Registrant to protection of his private life and confidentiality of his health issues outweighed the general presumption of hearings being conducted in public, and agreed that the whole hearing would be conducted in private.

Order

The Registrar is directed to suspend the registration of Mr David Cruickshanks for a period of 9 months from the date that this order takes effect (“the operative date”).

Notes

This Order will be reviewed again by 9 September 2020.

Right of Appeal
You may appeal to Court of Session against the Panel’s decision and the order it has made against you.

Under Article 29(10) of the Health and Social Work Professions Order 2001, any appeal must be made within 28 days of the date when this notice is served on you. The Panel’s order will not take effect until the appeal period has expired or, if you appeal, until that appeal is disposed of or withdrawn.

European alert mechanism
In accordance with Regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the HCPC will inform the competent authorities in all other EEA States that your right to practise has been prohibited.
You may appeal to the Sheriff against the HCPC’s decision to do so. Any appeal must be made within 28 days of the date when this notice is served on you. This right of appeal is separate from your right to appeal against the decision and order of the Panel.

Interim Order
1. The Panel considered Ms Eales’ application in terms of Article 31 of the Health and Social Work Professions Order 2001 for an 18-month Interim Suspension Order to cover the appeal period and, in the event of an appeal being lodged, to cover the period until such an appeal is determined or abandoned. Ms Eales’ application was made on the grounds that it was necessary for the protection of the public and was in the public interest.

2. Ms McPhee did not oppose the application.

3. The Panel considered both submissions and the advice of the Legal Assessor, and agreed to grant the application.

4. The Panel makes an Interim Suspension Order under Article 31(2) of the Health and Social Work Professions Order 2001, the same being necessary to protect members of the public and being otherwise in the public interest. This order will expire: (if no appeal is made against the Panel’s decision and Order) upon the expiry of the period during which such an appeal could be made; (if an appeal is made against the Panel’s decision and Order) the final determination of that appeal, subject to a maximum period of 18 months.

Hearing History

History of Hearings for Mr David R Cruickshanks

Date Panel Hearing type Outcomes / Status
14/08/2020 Conduct and Competence Committee Review Hearing Suspended
21/11/2019 Health Committee Final Hearing Suspended