Mr Simon A Lockyear

Profession: Biomedical scientist

Registration Number: BS43334

Hearing Type: Review Hearing

Date and Time of hearing: 10:00 03/02/2022 End: 17:00 03/02/2022

Location: This hearing is being held remotely via video conference.

Panel: Conduct and Competence Committee
Outcome: Suspended

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Allegation

Whilst registered with the Health and Care Professions Council as a
Biomedical Scientist and employed by Public Health Wales Microbiology,
approximately between October 2017 and December 2017 you:

1. Did not put plate labels to indicate:
a) The sensitivities on the culture plates;
b) Future culture testing was needed.

2. Reported that for the following cases there were H3 sensitivities when the
results would not have been available yet:
a) U17*******
b) U17*******

3. Reported that for the following cases there were H4 sensitivities when the
results would not have been available yet:
a) U17*******
b) U17*******
c) U17*******
d) U17*******

4. Reported that for the following cases there were H5 sensitivities when the
results would not have been available yet:
a) U17*******
b) U17*******
c) U17*******
d) U17*******
e) U17*******

5. Reported that for the following cases there were A1 A2A sensitivities when
the results would not have been available yet:
a) U17*******
b) U17*******
c) U17*******

6. Did not correctly report results for the following cases:
a) U17*******
b) U17*******
c) U17*******
d) U17*******
e) U17*******

7. Reported the organism identity and sensitivities in a single results entry for
the following cases when the results would not have been available yet:
a) U17*******
b) U17*******
c) U17*******
d) U17*******
e) U17*******
f) U17*******
g) U17*******
h) U17*******
i) U17*******
j) U17*******
k) U17*******
l) U17*******
m) U17*******
n) U17*******
o) U17*******
p) U17*******
q) U17*******
r) U17*******
s) U17*******
t)U17*******
u) U17*******
v) U17*******
w) U17*******
x) U17*******
y) U17*******
z) U17*******
aa)U17*******
bb)U17*******
cc)U17*******
dd)U17*******
ee)U17*******
ff) U17*******
gg)U17*******
hh)U17*******
ii)
U17*******

8. Reported Malditof results for the following cases when these were not
available:
a) U17*******
b) U17*******
c) U17*******
d) U17*******
e) U17*******
f) U17*******
g) U17*******
h) U17*******
i) U17*******
j) U17*******

9. Did not put through specimens requiring antibiotic ranges other than H1 for
further culture work.

10. The matters set out in paragraphs 1-9 constitute to misconduct and / or
lack of competence.

11. By reason of your misconduct and / or lack of competence, your fitness to
practise is impaired.

Finding

Preliminary Matters
Conducting the Hearing in Private

1.Mr D’Alton on behalf of the HCPC made an application for the hearing to be held partially in private. The Panel heard that reference would be made during the hearing to the Registrant’s health, and to the Registrant’s private life.

2. The Registrant opposed the application for the hearing to be held partially in private and requested that the hearing be fully in private. This was on the basis that his health condition is so substantially linked to the allegations that it would not be possible to separate them out.

3. Having considered the HCPTS Practice Note on “Conducting Hearings in Private” and having accepted legal advice, the Panel was satisfied that, in order to safeguard the Registrant’s private life, any references to health or to the Registrant’s private life should be heard in private. The Panel accepted the advice that it should always consider whether it would be feasible to conduct only part of a hearing in private before deciding to conduct the whole of a hearing in private.

4. The Panel noted that the previous panel had not had the benefit of the Registrant’s appearance and had limited evidence supplied by him.

5. The Panel accepted the Registrant’s submission that his health concerns were so inextricably linked to the matters they needed to consider, it would be impossible to adopt an approach of a partially private hearing. The Panel also considered the need to make reasonable adjustments for the Registrant and determined that should the hearing be partially in private this would impact on the Registrant’s ability to participate during the hearing and compromise the fairness of the hearing.
As such, this is the redacted version of the determination.

Order

Order: That the Registrar is directed to suspend the registration of Mr Simon A Lockyear for a further period of 6 months, from the expiry of the current Order.

Notes

The Order imposed today will apply from the expiry of the current order on 11 February 2022.

Hearing History

History of Hearings for Mr Simon A Lockyear

Date Panel Hearing type Outcomes / Status
12/07/2022 Conduct and Competence Committee Review Hearing Hearing has not yet been held
03/02/2022 Conduct and Competence Committee Review Hearing Suspended
13/01/2022 Conduct and Competence Committee Review Hearing Adjourned part heard
11/01/2021 Conduct and Competence Committee Final Hearing Suspended