Mark S Langford
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By reason of your physical and/or mental health, your fitness to practise as an Operating Department Practitioner is impaired as set out in Schedule A.
1. The Panel was provided with a signed certificate as proof that the Notice of Hearing had been sent to the Registrant’s registered email address and proof that delivery was complete. The Panel was satisfied that notice of today’s hearing had been served by email on the Registrant at his registered email address on 21 November 2022. The Panel noted that there was an electronic communication dated 21 November 2022 confirming delivery of the notice. The Panel was also satisfied that the Registrant had been given a reasonable opportunity to participate.
Proceeding in absence
2. The Registrant was not present nor was he represented. He had not attended the Substantive hearing on 9 September 2020 or the first Review hearing on 8 September 2021 or the second review on 3 October 2022.
3. On behalf of the HCPC, Ms Flynn applied for the hearing to be conducted in the absence of the Registrant on the basis that the Registrant had been notified of the date and time of the hearing at his registered email address. She submitted that it was in the public interest for the hearing to proceed expeditiously.
4. The Panel heard and accepted the advice of the Legal Assessor.
5. The Registrant had not applied for an adjournment and there was no indication that he would attend at a later date if today’s hearing were to be adjourned. The Panel noted that he had not engaged with the regulatory process since February 2018. The Panel noted the contents of the email that the Registrant sent to the HCPC in February 2018 and which are noted below. The Panel therefore determined that the Registrant had voluntarily absented himself. There was an overriding public interest in dealing with matters in a timely manner and this was a mandatory review. In balancing the Registrant’s interest and the public interest, the Panel decided that the matter should be heard in the absence of the Registrant.
Application for the hearing to be heard in private
6. Ms Flynn, on behalf of the HCPC, submitted that the hearing should be conducted in private, under Rule 10(1)(a) of the Health Professions Council (Health Committee) (Procedure) Rules 2003. She submitted that the facts of the case related to the Registrant’s health, therefore those matters should be considered in private.
7. The Panel considered the principles that are set out in the HCPTS Practice Note on ‘Conducting Hearings in Private’ and accepted the advice of the Legal Assessor. Having regard to the fact that the substance of this case is inextricably linked to the Registrant’s health, the Panel determined that the entire hearing should be held in private in order to protect the Registrant’s private life.
ORDER: That the Registrar is directed to strike the name of Mark S Langford from the Register with immediate effect.
No notes available