Mrs Patience Stella Ncube

Preliminary matters:

Proof of Service

1. The Panel was provided with a signed certificate as proof that the Notice of Hearing had been sent, by email, to the Registrant’s registered email address, owing to the Covid-19 pandemic, on 01 December 2020.

2. The Panel was also provided with evidence that the same Notice of Hearing had been sent to the Registrant’s registered address on 02 December 2020.

3. The Panel accepted the advice of the Legal Assessor and was satisfied that notice had been properly served in accordance with the Health and Care Profession Council (‘HCPC’) Conduct and Competence Committee (Procedure) Rules 2003.

Application for the Registrant’s application, to adjourn the hearing, to be held in private

4. At the outset of the hearing, the Legal Assessor drew the Registrant’s application to adjourn the hearing to the Panel’s attention. She highlighted to the Panel that the Registrant was seeking an adjournment of the hearing on the grounds of ill health.

5. Mr Tarbert, appearing on behalf of he HCPC’ did not object to the application for an adjournment being conducted in private.

6. The Panel accepted the Legal Assessor’s advice and had regard to the Health and Care Professions Tribunal Service (‘HCPTS’) Practice Note on ‘Conducting Hearings in Private’.

7. The Panel was satisfied that there was a need to protect the Registrant’s right to a private life and ordered that all of the application to adjourn the hearing be held in private.

Application for an adjournment

8. Mr Tarbert submitted to the Panel that in light of the medical evidence provided by the Registrant’s G.P. the HCPC did not oppose the Registrant’s application for an adjournment of the proceedings.

Panel’s Approach

9. In reaching its decision, the Panel took into account the Registrant’s written representations, the medical evidence provided and the oral submissions of Mr Tarbert on behalf of HCPC.

10. The Panel also had regard to the HCPTS practice note titled ‘Postponement and Adjournment of Proceedings’ and accepted the advice of the Legal Assessor.

Panel’s Decision

11. The Panel carefully considered the Registrant’s application to adjourn the hearing. The Panel had regard to its overriding duty to ensure that matters are heard expeditiously, but also had regard to the principle of proportionality, by balancing the Registrant’s interests with those of HCPC.

12. The Panel noted that the Registrant had expressed a desire to attend the hearing and also noted that she had provided detailed medical evidence, from her G.P. which outlined that she was prevented from attending and engaging properly in the proceedings.

13. The Panel decided that, in light of the Registrant’s express desire to engage in the proceedings, the Registrant should be afforded with an opportunity to provide her evidence so that the Panel could, in turn, be satisfied that it had considered her evidence when making its decision. Further, in view of the medical evidence provided, the Panel was of the view that proceeding with the hearing without the Registrant in attendance to present her case would be prejudicial to the Registrant and would, taking into account all of the circumstances in the case, be unfair and against the interests of justice to do so.

14. Consequently, the Panel agreed to the Registrant’s application to adjourn the hearing.

No information currently available

This is Hearing was adjourned with no evidence heard. The dates for the reconvened Hearing is to be confirmed.

History of Hearings for Mrs Patience Stella Ncube