Miss Mwaiwao L Kapito

Preliminary Matters

1. The Panel found that there had been good service of the proceedings, in accordance with rule 3 of the Health and Care Professions Council (Health Committee) (Procedure) Rules 2003 by notice dated 22 November 2021 sent by email.

2. The Panel next considered an application by the HCPC to proceed with the hearing in private to protect the private life of the Registrant, in accordance with rule 10 of the Rules. The Panel decided that this hearing should proceed in private as this is a health case and it is necessary to do so after considering the HCPTS Practice Note on Proceeding in Private, to protect the private life of the Registrant. As such this is a redacted version of the Panel’s full decision.

3. The Panel next considered the HCPC’s application to proceed with the hearing in the absence of the Registrant, in accordance with rule 11 of the Rules. On 23 November 2021, in a telephone call the Registrant confirmed that she wanted to be removed from the HCPC Register and that she did not want to attend the next review hearing and she was happy for the hearing to proceed in her absence.

4. The Panel received and accepted the advice of the Legal Assessor to consider the guidance in the HCPTS Practice Note entitled Proceeding in the Absence of the Registrant and the guidance in: R v Jones [2002] UKHL 5, R v Hayward [2001] EWCA Crim 168, GMC v Adeogba and GMC v Visvardis [2016] EWCA Civ 162. In particular: the Panel must exercise utmost care and caution and consider all the circumstances of the case, when considering a decision to proceed in a Registrant’s absence, balancing fairness to the Registrant with fairness to the HCPC, and the interests of the public.

5. The Panel is satisfied that it is appropriate to proceed to hear the application in the absence of the Registrant because she is aware of the hearing and has waived her right to attend. The application before the Panel today arises from the Registrant’s request for her to be removed from the HCPC Register. An adjournment would simply prolong a stressful process for the Registrant for no useful purpose and a mandatory review of the current Order is required by 7 January 2022. The Registrant stated in December 2020 that she wanted to be removed from the HCPC Register and did not wish to participate in any further hearings. It is in the public interest to proceed with the hearing.

ORDER:

The Conditions of Practice Order made on 10 December 2020 is revoked with immediate effect.

These proceedings are disposed of by consent.

The Panel directs the Registrar to remove the name of Miss Mwaiwao L Kapito from the Register with immediate effect.

No notes available

History of Hearings for Miss Mwaiwao L Kapito