Mr Christopher Michael Cazey

Profession: Hearing aid dispenser

Registration Number: HAD00134

Hearing Type: Final Hearing

Date and Time of hearing: 10:00 14/09/2020 End: 17:00 15/09/2020

Location: This will be a virtual hearing

Panel: Health Committee
Outcome: Conditions of Practice

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Allegation

The allegation against you is as follows:

1. You suffer from adverse health as set out in Schedule A.

2. By reason of your health, your fitness to practice is impaired.

 

Finding

Preliminary Matters
Application to conduct the hearing in private
1. Mr Bridges referred the Panel to the HCPTS Practice Note on ‘Conducting Hearings in Private’ and to Rule 10 (1) (a) of the Health Committee Procedure Rules 2003.

2. He submitted that as this hearing is wholly concerned with matters pertaining to the health of the Registrant it should be held in private session. He said this would be appropriate in order to protect the private life of the Registrant.

3. The Registrant supported the application.

4. The Panel heard and accepted the advice of the Legal Assessor.

5. The Panel had careful regard to the provisions of the Practice Note on ‘Conducting Hearings in Private’ and to Rule 10 (1) (a) of the Health Committee Procedure Rules 2003 which provides:

“At any hearing 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 public should be excluded from all or part of the hearing.”

6. The Panel was satisfied that the hearing was wholly concerned with matters pertaining to the Registrant’s health. For this reason the Panel decided that, for the protection of the private life of the Registrant, the entire proceedings should be held in private session.

Order

The Registrar is directed to annotate the Register to show that, for 18 months from the date this Order takes effect, the ‘Operative Date’, you Mr Christopher Michael Cazey, must comply with the following conditions of practice:
1. You must remain under the care of your general practitioner and provide him or her with a copy of these conditions.

2. You must authorise your general practitioner to provide the HCPC with information about your health and any treatment you are receiving.

3. Before returning to work in a role which requires you to be registered as a Hearing Aid Dispenser, whether self-employed or otherwise, you must:
a. Complete the HCPC ‘Return to practice’ requirements
b. Provide the HCPC with evidence of your having completed those requirements.

4. You must not return to work in a role which requires you to be registered as a Hearing Aid Dispenser unless and until advised by your general practitioner that you are fit to do so.

5. You must keep your professional commitments under review and limit your professional practice in accordance with the advice of your general practitioner.

6. You must cease practising immediately if you are advised to do so by your general practitioner.

7. You must promptly inform the HCPC if you return to work as a registered Hearing Aid Dispenser and provide the HCPC with full contact details of your employer.

8. If you cease to be employed as a registered Hearing Aid Dispenser by an employer whose details you have provided to the HCPC or take up any other or further employment, you must promptly inform the HCPC

9. You must promptly inform the HCPC of any disciplinary proceedings taken against you by your employer.

10. You must inform the following parties that your registration is subject to these conditions:
1. any organisation or person employing or contracting with you to undertake professional work;
2. any agency you are registered with or apply to be registered with (at the time of application); and
3. any prospective employer (at the time of your application).

11. You will be responsible for meeting any and all costs associated with complying with the conditions.

12. Any condition requiring you to provide any information to the HCPC is to be met by you sending the information to the offices of the HCPC, marked for the attention of the Director of Fitness to Practise.

Notes

Application for an Interim Order
The Panel heard an application from Mr Bridges to cover the appeal period by imposing an 18 month Interim Conditions of Practice Order on the Registrant’s registration in the same terms as the substantive order. He submitted that such an order is necessary to protect the public and is otherwise in the public interest. The Registrant made no representations.
 
The Panel heard and accepted the advice of the Legal Assessor. It had careful regard to paragraphs 133-135 of the Sanctions Policy. The Panel noted that the Registrant had been informed, in the Notice of Hearing dated 10 July 2020, that if this Panel found proved the allegation against him and imposed a sanction which removed, suspended or restricted his right to practise, the HCPC may make an application to the Panel to impose an interim order to cover any appeal period.

The Panel recognised that its power to impose an interim order is discretionary and that the imposition of such an order is not an automatic outcome of fitness to practise proceedings in which a Conditions of Practice Order has been imposed. The Panel took into consideration the impact such an order would be likely to have on the Registrant. However, the Panel was mindful of its findings in relation to insight, remediation and history, and that there is a significant likelihood that his health condition and associated failures will recur in the future. In the circumstances, the Panel considered that not to impose an interim order would be inconsistent with its finding that a substantive Conditions of Practice Order is required. Public confidence in the profession and the regulatory process would be seriously harmed if the Registrant were not made subject to an interim order during the appeal period.

The Panel makes an 18 month Interim Conditions of Practice Order, in the same terms as the substantive 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.

Interim Order
The Panel makes an Interim Conditions of Practice Order under Article 31(2) of the Health 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 Christopher Michael Cazey

Date Panel Hearing type Outcomes / Status
14/09/2020 Health Committee Final Hearing Conditions of Practice