Mr Alex White

Profession: Radiographer
Registration Number: RA39387
Hearing Type: Voluntary Removal Agreement
Date and Time of hearing: 10:00 15/03/2022 End: 17:00 15/03/2022
Location: Virtual hearing via Video Conference.
Panel: Conduct and Competence Committee
Outcome: Voluntary Removal agreed

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Allegation Finding Order Notes Hearing History

Allegation

Whilst registered as a Radiographer, and during the course of your employment at Nuffield Health, between approximately July 2016 and March 2017:

1. In relation to Colleague 1 you:
a. On one or more occasion(s) during working hours:
i. Hugged Colleague 1
ii. Touched Colleague 1’s bottom
iii. Gestured for Colleague 1 to kiss your cheek
iv. Pulled Colleague 1 onto your lap
v. Not proved.

b. On an unknown date:
i. Asked and/or gestured to Colleague 1 to kiss your cheek; and/or
ii. Moved your head so Colleague 1 kissed your lips.

c. In or around December 2016 suggested Colleague 1 wear a sexy Christmas outfit to an event, or words to that effect

d. On an unknown date, suggested Colleague 1 could “suck your c**k” in return for you checking Colleague 1’s emails, or words to that effect

e. On or around 15 February 2017 sent Colleague 1 WhatsApp messages
(i) during working hours and/or
(ii) which were inappropriate

2. Your actions described at paragraph 1 were sexually motivated,

3. The matters described at paragraphs 1 – 2 constitute misconduct,

4. By reason of your misconduct, your fitness to practise is impaired.

 

Finding

Preliminary matters
Service
 
1. The case for the HCPC was presented by Ms Rosie Welsh. The Registrant was not present or represented.      
2. The Panel was provided with confirmation that a Notice of Hearing had been sent by the HCPC on 7 March 2022, to the email address shown for the Registrant on the HCPC Register. The Panel noted that the email delivery receipt confirms that the email was delivered at 11.21am. Article 2 of the Health and Care Professions Council (Coronavirus)(Amendment) Rules 2021 amends the Health and Care Professions Council (Conduct and Competence Committee) (Procedures) Rules 2003 to allow for the service of documents via electronic mail. The Panel also had sight of an email response from the Registrant dated 7 March 2022 acknowledging the email and confirming that he would not be attending. The Panel was therefore satisfied that Notice had been properly served in accordance with Rule 3 of the Conduct and Competence Committee Rules, as amended.
 
Proceeding in Absence
 
3. Ms Welsh, on behalf of the HCPC, made an application for the hearing to proceed in the absence of the Registrant under Rule 11 of the Conduct and Competence Committee Rules. The Panel was advised by the Legal Assessor and accepted that advice. The Panel also took into account the guidance as set out in the HCPTS Practice Note “Proceeding in the Absence of the Registrant.”
 
4. The Panel determined that it was fair and reasonable to proceed with the hearing in the absence of the Registrant for the following interrelated reasons:
i. The Registrant signed a consensual disposal proforma in which he confirmed that he wanted the HCPC to consider his request for Voluntary Removal from the register. The HCPC has agreed that Voluntary Removal would be an appropriate outcome. Therefore, the purpose of today’s hearing is to consider the signed agreement which is, in effect, a joint application made on behalf of both parties. In these circumstances, the Panel concluded that it would be in the Registrant’s interest to proceed with the hearing.
ii.  The Registrant has not made an application to adjourn and there is no indication that even if the case were to be adjourned that he would be willing to attend on any future date. Therefore, an adjournment would serve no useful purpose.
iii. There is no disadvantage to the Registrant as he has made it clear in his communications with the HCPC that he wishes to be removed from the Register.
v. It is in the wider public interest that this hearing commences and proceeds expeditiously.
 
Background
 
5. The Registrant is a registered Radiographer with the HCPC. Between 2 April 2013 and 11 May 2017, the Registrant was employed as a Band DI6 Radiographer and Radiology Manager at Nuffield Health Guildford Hospital. He was based in the Radiology and Imaging Department where he was responsible for approximately 18 members of staff, including radiographers, receptionists, and health care assistants. The Registrant worked with patients attending Nuffield Health for diagnostic imaging such as MRI scans, ultrasounds, x-rays and mammograms. His Line Manager was one of the members of the senior leadership team who reported to the Hospital Director. 
 
6. In early March 2017, the Registrant’s Line Manager approached Colleague 1 about reports which had reached her that the Registrant’s behaviour towards Colleague 1 might be a cause for concern. Colleague 1 was asked to make a statement which she did. Colleague 1 alleged that the Registrant had touched her inappropriately, made inappropriate remarks to her, and sent her inappropriate WhatsApp messages during working hours. Colleague 1 provided  copies of the WhatsApp messages.
 
7. The Registrant was suspended by Nuffield Health and an internal investigation commenced in March 2017. No disciplinary hearing was held because the Registrant resigned on 11 May 2017. The matter was referred to the HCPC on 7 March 2017 by WR, Human Resources Manager at Nuffield Health.
 
8. Between 15 to 18 March 2021, a Panel of the Conduct and Competence Committee considered the following amended allegation: 
Whilst registered as a Radiographer, and during the course of your employment at Nuffield Health, between approximately July 2016 and March 2017: 
1. In relation to Colleague 1 you: 
a. On one or more occasion(s) during working hours:
 i. Hugged Colleague 1
 ii. Touched Colleague 1’s bottom
  iii. Gestured for Colleague 1 to kiss your cheek
 iv. Pulled Colleague 1 onto your lap
  v. Massaged Colleague 1’s shoulders.
b. On an unknown date:
i. Asked and/or gestured to Colleague 1 to kiss your cheek; and/or
 ii. Moved your head so Colleague 1 kissed your lips.
c. In or around December 2016 suggested Colleague 1 wear a sexy Christmas outfit to an event, or words to that effect 
d. On an unknown date, suggested Colleague 1 could “suck your cock” in return for you checking Colleague 1’s emails, or words to that effect 
e. On or around 15 February 2017 sent Colleague 1 WhatsApp messages
  i. during working hours and/or
 ii. which were inappropriate 
2. Your actions described at paragraph 1 were sexually motivated, 
3. The matters described at paragraphs 1 – 2 constitute misconduct, 
4. By reason of your misconduct, your fitness to practise is impaired.
 
9. The Registrant was not present or represented at the hearing and while the Panel did not find that particular 1(a)(v) was sexually motivated, it found all other facts proven. The Panel concluded that the facts proved amounted to misconduct, and that the Registrant’s fitness to practise was impaired on both the personal and public components. The Panel subsequently imposed a 12-month Suspension order which was due to be reviewed no later than 5 April 2022.   
 
10. On 15 February 2022, the HCPC contacted the Registrant in regard to an upcoming review of the Suspension Order sanction imposed at the final hearing. In the course of subsequent correspondence with the Registrant,  the Registrant requested that his name be removed from the HCPC Register. The matter was reviewed internally by the HCPC before it was decided that voluntary removal would be a suitable disposal of this matter.
 
Decision
 
11. The Panel heard from Ms Welsh  who outlined the background to the case and the circumstances which led to the imposition of the original Suspension Order. Ms Welsh advised the Panel that the Registrant had indicated that he wished to have his name removed from the HCPC Register. She also advised that the HCPC was satisfied that it would meet its statutory objective of protecting the public if the Registrant was permitted to be removed from the Register on similar terms to those which would apply if the Registrant had been struck off the Register in terms of Article 29(5)(a) of the Health and Social Work Professions Order 2001.  Ms Welsh advised the Panel that the Registrant had signed the Voluntary Removal Agreement. Ms Welsh asked that the Panel revoke the current Suspension Order and approve the Voluntary Removal Agreement. 
 
12. The Panel considered all of the information and representations by Ms Welsh on behalf of the HCPC. The Panel has applied its own judgement to the application to revoke the current Suspension Order and to approve the Voluntary Removal Agreement. The Panel noted that Article 11(3) of the 2001 Order and Rule 12(3) of the HCPC Registration and Fees Rules, prevent a Registrant from seeking to resign from the Register whilst subject to an Allegation, a Conditions of Practice Order, or a Suspension Order. The Panel also took into account the guidance contained within the HCPC Practice Note: Disposal of Cases By Consent which, in respect of Voluntary Removal states that:
“In cases where the HCPC is satisfied that it would be adequately protecting the public if the Registrant was permitted to resign from the Register it may enter into a Voluntary Removal Agreement allowing the registrant to do so, but on similar terms to those which would apply if the registrant had been struck off.” The Panel has also accepted the advice of the Legal Assessor.
 
13. The Panel noted that the HCPC is satisfied that it would be meeting its statutory objective of protecting the public if the Registrant was permitted to be removed from the Register on similar terms to those which would apply if he were subject to a striking off order under article 29(5) of the Health and Social Work Professions Order 2001. 
 
14. The Panel had before it a Voluntary Removal Agreement which has been agreed between the Health and Care Professions Council and the Registrant and signed and executed by the parties. In it, the parties agree that the allegation was well founded and the Registrant agrees to be removed from the HCPC Register on the terms and conditions fully set out in that Agreement. A Declaration that there was no other matter of which the Registrant was aware which might give rise to any other allegation was also signed by the Registrant.
 
15. The Panel firstly considered whether there were any factors which would make it undesirable to allow the matter to be dealt with on the consensual basis as set out in the Voluntary Removal Agreement. The Panel has concluded that in the circumstances of this case, there are no such overriding public interest factors. The matters have already been considered at a public hearing. 
 
16. The Panel has also considered whether the Voluntary Removal Agreement would secure an appropriate level of public protection. The Panel is aware that if the Registrant seeks to return to the HCPC Register at any time in the future, his application would be treated as if he had been struck off as a result of the allegation. The Panel is therefore satisfied that this secures the necessary degree of public protection.
 
17. In all the circumstances, the Panel is satisfied that both the public, and the public interest, would be adequately protected by the terms of the agreement reached between the Registrant and the HCPC in as much as the Registrant will henceforth be prevented from acting as a Radiographer and should he wish to apply to return to the Register, he will be treated as though he had been struck off. In addition, the Panel is satisfied that this is an efficient method of disposing of this matter in an appropriate and proportionate manner which is in the interests of the public, the HCPC and the Registrant and accordingly revokes the current Suspension Order and approves the Voluntary Removal Agreement.
 
18. The Panel approves the Voluntary Removal Agreement signed by the HCPC and by the Registrant.  
 

Order

The Registrar is directed to remove the name of Mr Alex White from the Register with immediate effect.

Notes

No notes available

Hearing History

History of Hearings for Mr Alex White

Date Panel Hearing type Outcomes / Status
15/03/2022 Conduct and Competence Committee Voluntary Removal Agreement Voluntary Removal agreed
15/03/2021 Conduct and Competence Committee Final Hearing Suspended
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