Kirsty A Simpson

Profession: Dietitian

Registration Number: DT07364

Hearing Type: Voluntary Removal Agreement

Date and Time of hearing: 10:00 13/12/2021 End: 17:00 13/12/2021

Location: Virtual Hearing via Video Conference

Panel: Conduct and Competence Committee
Outcome: Voluntary Removal agreed

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Allegation

1. On 14 December 2018:

a. Drove to work whilst being unfit to do so through drink alcohol and / or drugs;

b. Undertook work while unfit to do so through drink alcohol and / or drugs;

c. Fell asleep at your desk;

d. Did not record clinic and / or patient notes from a diabetic pump clinic.


2. The matters set out in paragraphs 1(a) – (d) constitute misconduct.

3. By reason of your misconduct your fitness to practise is impaired or by reason of your physical and / or mental health, as set out in schedule A, your fitness to practise is impaired.

Finding

Preliminary Matters

Skeleton Argument

1. For the purposes of this hearing, the HCPC has submitted and the Panel has read, a Skeleton Argument signed by Mr MR, Case Manager and dated 10 December 2021 [the Skeleton Argument]. Mr Bridges adopted the Skeleton Argument as his submission to the Panel.

Service

2. The Panel has seen the Notice of today’s hearing dated 8 December 2021 which the HCPC sent by email to the Registrant at her registered email address. The Notice of Hearing made clear that this hearing would take place today as a virtual hearing. The Notice informed the Registrant of the time and date of this hearing.

3. Having seen the relevant service documents and having heard and accepted the advice of the Legal Assessor, the Panel was satisfied that good service of the Notice of Hearing has taken place.

Proceeding in Absence

4. The Panel has seen an email dated 10 December 2021 from the Registrant and addressed to MR. By that email the Registrant stated that she would not be attending this hearing and that she was “happy” for it to proceed in her absence.

5. Mr Bridges on behalf of the HCPC, submitted that the Panel should consider the case in the absence of the Registrant.

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

7. The Panel was aware that a decision to proceed in the absence of the Registrant was one to be taken with great care and caution. The Panel has decided to proceed in the absence of the Registrant. The reasons are as follows:


• Service of the appropriate notice of this hearing has been properly effected.

• The Registrant has by her email dated 10 December 2021 stated that she would not be attending this hearing and that she was happy for the hearing to proceed in her absence.

• The Panel has kept in mind the guidance contained in the Practice Note issued by the HCPTS.

• There is no reason to suppose that an adjournment would result in the future attendance of the Registrant.

• There is a public interest in proceeding in order to bring these proceedings to a conclusion, which is the wish of both the Registrant and the HCPC.

• In these circumstances it is right to conclude that the Registrant has voluntarily absented herself.


Proceeding in Private

8. The Panel determined that the entirety of this hearing should be conducted in private. The reason for this decision is that the matters under consideration relate primarily to the health of the Registrant. This decision was in accordance with the advice of the Legal Assessor and was supported by Mr Bridges.



Order

That the HCPC may withdraw the allegation set out above and the Registrant is to be permitted to remove her name from the HCPC Register, with immediate effect.

Notes

No notes available

Hearing History

History of Hearings for Kirsty A Simpson

Date Panel Hearing type Outcomes / Status
13/12/2021 Conduct and Competence Committee Voluntary Removal Agreement Voluntary Removal agreed