Mr Darren Cornish
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Your fitness to practise as a Paramedic is impaired by reason of your physical and / or mental health.
Amendment of the Allegation
1. At the start of the hearing, the Panel heard an application by Ms Vignoles to amend Particulars 1(d) and 1(e) of the Allegation in the terms set out in the body of this determination. She submitted that the proposed amendments clarified the Allegation and ensured that it reflected the evidence of Dr Musters. She also submitted that the amendment could be made without prejudice to the Registrant because the HCPC had served notice of their intention to amend the allegation in the Notice of Hearing dated 26 April 2019.
2. Mr Buxton did not oppose the application.
3. The Panel heard the advice of the Legal Assessor, which it accepted. The Panel applied the test of whether the amendment was in the interests of justice and whether it could be made without prejudice to the Registrant. It decided it could because the amendments better reflected the evidence and clarified the case which the Registrant had to meet. The Panel was also satisfied that notice of the HCPC’s intention to apply to amend the application had been served on the Registrant on 26 April 2019, with a copy of the proposed amendments, giving him sufficient time to respond if he had any objection. Accordingly, the Panel allowed the amendments.
Hearing in Private
4. Ms Vignoles submitted that the hearing should all be held in private because the bulk of the evidence related to the Registrant’s health. Mr Buxton supported the application.
5. The Panel heard the advice of the Legal Assessor, which it accepted and incorporated into the decision set out below.
6. The Panel had regard to Rule 10(1)(a) of the Health and Care Professions Council (Conduct Committee) (Procedure) Rules 2003 (the ‘Rules’) which states:
“At any hearing
(a) the proceedings shall be held in public unless the Committee is satisfied that, in the interests of justice or for the protection of the private life of the registrant, the complainant, any person giving evidence or of any patient or client, the public should be excluded from all or part of the hearing;”
7. Accordingly, the Panel decided to conduct the hearing in private, because effectively the whole of the evidence relates to the Registrant’s health.
Decision on Sanction
8. The Panel makes a Conditions of Practice Order in the terms of the schedule set out below, for a period of 2 years.
ORDER: The Registrar is directed to annotate the Register to show that, for 2 years from the date that this Order comes into effect (“the Operative Date”), you, Mr Darren Cornish, must comply with the following conditions of practice:
1. You must promptly inform the HCPC if you take up any employment that requires you to be registered as a Paramedic.
2. You must place yourself and remain under the supervision of a workplace supervisor registered by the HCPC or other appropriate statutory regulator and supply details of your supervisor to the HCPC within 14 days of the date of any employment that requires you to be registered as a Paramedic. You must attend upon that supervisor as required and follow their advice and recommendations.
3. You must remain under the care of your General Practitioner and provide him or her with a copy of this decision and authorise him or her to provide the HCPC with information about your health and any treatment you are receiving.
4. You must keep your professional commitments under review and limit your professional practice in accordance with the advice of your General Practitioner.
5. You must cease practising immediately if you are advised to do so by your General Practitioner.
6. You must use your best endeavours to obtain a report from your work place supervisor and your GP and ensure that copies of those reports are served on the HCPC no less than 14 days before the date fixed for a review hearing.
10. You must promptly inform the HCPC of any disciplinary proceedings taken against you by your employer.
11. 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).
12. You will be responsible for meeting any and all costs associated with complying with these conditions.
1. Ms Vignoles applied for an Interim Conditions of Practice Order for a period of 18 months to cover the appeal period.
2. Mr Buxton did not oppose the application.
3. The Panel heard and accepted the advice of the Legal Assessor and had regard to paragraphs 133 to 135 the HCPC “Sanctions Policy” (2019). It reminded itself that it should only impose such an order if it is satisfied “that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the person concerned, for the registration of that person to be suspended”.
4. Having decided that the Registrant would put service users at risk and undermine public confidence in the profession if he were allowed to practise without conditions at this time, the Panel is satisfied that an interim order is necessary to protect both members of the public and the public interest.
5. The Panel agreed to grant the application for an Interim Conditions of Practice Order under Article 31(2) of the Health and Social Work Professions Order 2001, for a period of 12 months on the same terms as the substantive order, the same being necessary to protect members of the public and being otherwise in the public interest.
6. 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 12 months.
History of Hearings for Mr Darren Cornish
|Date||Panel||Hearing type||Outcomes / Status|
|01/10/2019||Health Committee||Final Hearing||Conditions of Practice|