Mr Simon A Lockyear

Profession: Biomedical scientist

Registration Number: BS43334

Hearing Type: Review Hearing

Date and Time of hearing: 10:00 12/07/2022 End: 17:00 12/07/2022

Location: Virtual hearing - 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.

Finding

Preliminary Matters
 
Service
 
1. The Panel has seen the Notice of today’s hearing dated 09 June 2022 which the HCPC sent by email to the Registrant at his registered email address. The Notice informed the Registrant of the date and time of this hearing. The Panel has seen an electronic communication which confirms that the email was delivered to the Registrant’s email address.
 
2. Having heard the submissions of Mr D’Alton and having heard and accepted the advice of the Legal Assessor, the Panel was satisfied that good service of the Notice of hearing has taken place.
 
Proceeding in private
 
3. Mr D ‘Alton submitted that this hearing should proceed wholly in private. He said that there would be references to the health of the Registrant. He said that there might also be references to other matters that are properly to be regarded as private. Mr D’Alton further submitted that it would not be practicable to conduct the hearing partially in private and partially in public. The Registrant’s health was central to the matters under review.   
 
4. The Panel heard and accepted the advice of the Legal Assessor. It determined that for the reasons advanced by Mr D’Alton, the entirety of the hearing should be conducted in private. The Panel noted that this was the procedure adopted at the first review hearing. 
 
Application to adjourn
 
5. The Panel has seen an email from the Registrant dated 01 July 2022. The email was addressed to the Hearings Officer. That email was in the following terms; 
 
[Redacted]
 
6. The Panel has also seen a telephone attendance note dated 06 July 2022 and prepared by Mr D’Alton. This records a telephone conversation held that day between the Registrant and Mr D’Alton. The conversation related to the options which were available to the Registrant as regards the hearing today. 
 
7. The Panel has further seen an email dated 11 July 2022 from the Registrant and addressed to Mr D’Alton which is in the following terms;  
 
[Redacted]
 
8. Mr D’Alton made submissions to the Panel. In summary, he said that the hearing should proceed. He submitted that in view of the email from the Registrant dated 11 July 2022, it was right to conclude that the Registrant was content for this hearing to proceed. 
 
9. The Panel heard and accepted the advice of the Legal Assessor.
 
10. The Panel determined that the hearing should not be adjourned but should proceed. 
 
Its reasons were as follows;
 
⦁ The present order will expire on 11 August 2022. It must be revised before its expiry date.
 
⦁ The Registrant has not produced any substantive reason to support his previous application for an adjournment. 
 
⦁ The email dated 11 July can properly be treated as the Registrant’s agreement to this hearing proceeding. 
 
Proceeding in the absence of the Registrant 
 
11. Mr D’Alton submitted that the hearing should proceed in the absence of the Registrant.
 
12. The Panel heard and accepted the advice of the Legal Assessor.
 
13. The Panel is aware that the discretion to proceed in absence is one which should be exercised with the utmost care and caution. The Panel took account of the HCPTS Practice Note entitled “Proceeding in the Absence of the Registrant”. 
 
14. The Panel determined that the hearing should proceed in the absence of the Registrant. Its reasons were as follows; 
 
⦁ It is satisfied that there has been good service of the Notice of this Hearing.
 
⦁ The present order will expire on 11 August 2022 and it must be reviewed before that date. 
 
⦁ The Registrant has not produced any substantive reason to support his application for an adjournment.
 
⦁ There is a public interest in the expeditious consideration of this review hearing.
 
⦁ By his email dated 11 July 2022 the Registrant has in effect agreed to this hearing proceeding in his absence. 
 
⦁ The Registrant can always seek an early review of any substantive order that the Panel may make.
 

Order

ORDER: The Registrar is directed to suspend the registration of Mr Simon A Lockyear for a further period of 12 months on the expiry of the existing order.

Notes

The Order imposed today will apply from 11 August 2022.

Hearing History

History of Hearings for Mr Simon A Lockyear

Date Panel Hearing type Outcomes / Status
18/04/2024 Conduct and Competence Committee Review Hearing Hearing has not yet been held
14/07/2023 Conduct and Competence Committee Review Hearing Suspended
12/07/2022 Conduct and Competence Committee Review Hearing Suspended
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
;