Mr Michael N Phoenix
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Allegation
Allegation
As a registered Biomedical Scientist (BS27343) your fitness to practise is impaired by reason of misconduct and/or a health condition and/or a determination by another regulatory or licensing body. In that:
1. On 09 September 2019, you attended work whilst under the influence of alcohol.
2. You have a physical and/or mental health condition as set out in Schedule A.
3. Your actions in Paragraph 1 constitute misconduct.
4. By reason of your misconduct and/or health, your fitness to practise is impaired.
Schedule A
1. [Redacted]
2. [Redacted]
Finding
Preliminary Matters
Service
1. The Panel found that there had been good service of the notice of hearing, in accordance with the amended Procedure Rules by email dated 30 June 2022 sent to the Registrant’s registered email address. An email has been received from the Registrant in response.
Proceeding in the absence of the Registrant
2. The Panel considered the HCPC’s application for the Panel to proceed with this hearing in the absence of the Registrant.
3. 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 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.
4. The Panel is satisfied that it is appropriate to proceed to hear the application in the absence of the Registrant because he is aware of the hearing and has waived his right to attend.
5. The application before the Panel today arises from the Registrant’s request to be removed from the HCPC Register. An adjournment would simply prolong a stressful process for the Registrant for no useful purpose. It is in the public interest and in the Registrant’s interest for the hearing to proceed in his absence today.
Hearing to be held in private
6. The HCPC applied for this Hearing to be held entirely in private in the interests of justice. Reference will be made throughout to the health of the Registrant and it is necessary to protect the private life of the Registrant. Accordingly the whole hearing should be heard in private. The Panel accepted the advice from the Legal Assessor and agreed that the hearing would be heard in private. As such, this is a redacted version of the Panel’s full decision.
Order
ORDER: The Registrar is directed to remove the name of Mr Michael N Phoenix from the Register with immediate effect.
Notes
No notes available
Hearing History
History of Hearings for Mr Michael N Phoenix
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 26/08/2022 | Health Committee | Voluntary Removal Agreement | Voluntary Removal agreed |