Mr Neil V Morgan

Preliminary matters

Notice and Proceeding in Absence

1. The Panel was satisfied that notice of today’s hearing had been properly served on 7 July 2021 on the Registrant at his registered email address with the HCPC.

2. The Panel considered Ms Sampson’s application to proceed in the Registrant’s absence.
She reminded the Panel that it has found good service. The Registrant has telephoned his HCPC Case officer and advised that he will not be attending today. He has signed the
Voluntary Removal Agreement (VRA) and the HCPC has explained to him the need to place the VRA before a Panel at this hearing. She submitted that the Registrant had voluntarily absented himself and that it was in his and the public interest to proceed.

3. The Panel is aware that its discretion to proceed in absence is one which should be exercised with the care. The Legal Assessor referred the Panel to GMC v Adeogba [2016] EWCA Civ 162 which makes clear that the first question the Panel should ask is whether all reasonable efforts have been taken to serve the Registrant with notice and secure his attendance. Thereafter, if the Panel is satisfied about notice, the discretion whether or not to proceed must be exercised having regard to all the circumstances of which the Panel is aware, with fairness to the Registrant being a prime consideration, but with fairness to the HCPC and the interests of the public also taken into account.

4. The Panel decided to proceed in the Registrant’s absence as it is satisfied that
it is appropriate to do so. In reaching this decision, the Panel has taken account
that there has been no request for an adjournment, that the Registrant has informed
the HCPC that he will not be attending and that the VRA has been signed by him clearly indicating that he wishes to be voluntarily removed from the Register.

5. The Panel balanced fairness to the Registrant with fairness to the HCPC and the public interest and concluded that the Registrant has voluntarily absented himself. In these circumstances, the Panel is satisfied that it is fair and appropriate in the circumstances to proceed in the
Registrant’s absence and that it is in his interests and in public interest to do so.

Private Hearing

6. The Panel was mindful that the allegation is one wholly concerning the Registrant’s health.
For the avoidance of doubt, and having taken advice from the Legal Assessor as to the
interests of justice, the Panel concluded that it was appropriate to conduct the entire
hearing in private in order to protect the Registrant’s right to privacy.

Decision

7. The Panel considered the HCPC’s submissions and the correspondence from the Registrant.
It considered the HCPTS Practice Note and accepted the advice of the Legal Assessor in
that regard. It was mindful of the need to protect the public and the wider public interest.

8. The Panel was impressed by the Registrant’s insightful engagement with the HCPC. He has
made a lengthy and positive contribution to his profession and the Panel acknowledge that it
is regrettable for any health care professional to have to leave their profession in these circumstances. He appears to have made a carefully considered
and well-informed decision to seek removal.

9. In all the circumstances, the Panel determined that the proposed VRA protects the
public and does not undermine the wider public interest or confidence in the profession. Given the terms of the health allegation and the Registrant’s engagement, the VRA is a fair,
proportionate and appropriate response. The Panel concluded that the terms of the agreed
VRA, agreed and signed by both the Registrant and the HCPC, sufficiently and appropriately protect the public and maintain public confidence in the profession and the regulatory process.

10. The Panel accordingly agreed to the matter being concluded by means of the VRA and it shall issue a formal Withdrawal Notice of the current fitness to practice proceedings.

Order: The Panel directs the Registrar to remove the name of Mr Neil V. Morgan from the Register with immediate effect.

No notes available

History of Hearings for Mr Neil V Morgan