Jane Saxton

Profession: Clinical scientist

Registration Number: CS06898

Hearing Type: Voluntary Removal Agreement

Date and Time of hearing: 10:00 21/10/2022 End: 17:00 21/10/2022

Location: Virtual Hearing via Video Conference

Panel: Conduct and Competence Committee
Outcome: Voluntary Removal agreed

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Allegation

As a registered Clinical Scientist (CS06898) your fitness to practise is impaired by reason of your misconduct and/or health. In that:

  1. On 17 January 2020, whilst working at CARE Fertility Sheffield, you stole Colleague 1’s debit card from Colleague 1’s purse.
  1. On 17 January 2020 and 18 January 2020, you proceeded to purchase items with Colleague 1’s debit card on five occasions.

  2. You have a physical and/or mental health condition as set out in Schedule A.

  3. Your conduct in relation to particular 1 and/or 2 above was dishonest.

  4. The matters set out in particular 1 and/or 2 above constitute misconduct.

  5. By reason of your misconduct your fitness to practise is impaired.

Finding

Preliminary Matters
Service of Notice of Hearing
1. The Panel saw the Notice of today’s hearing which was emailed on 26 July 2022 to the Registrant’s email address as shown on the HCPC Register.

2. The Panel accepted the advice of the Legal Assessor.

3. The Panel was satisfied that the Notice had been served as required by Rules 3 and 6 of the Health and Care Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003 (“the Rules”).

Proceeding in absence
4. Mr Foxsmith, on behalf of the HCPC applied for the hearing to proceed in the Registrant’s absence. He referred the Panel to an email from the Registrant to the HCPTS dated 15 October 2022 which stated:

“If I have a Choice, [sic] which I understand that I do, I do not wish to attend the hearing....”

5. Mr Foxsmith submitted that the Registrant had voluntarily absented herself, and that an adjournment would not lead to a different position regarding her attendance in the future. Mr Foxsmith submitted that there would be no potential prejudice in proceeding today, as there was a joint Voluntary Removal Application, and she was not in a position that her absence precluded her from making a counterargument. Mr Foxsmith submitted that it was right, just and fair to proceed expeditiously.

6. The Panel took into account the HCPTS Practice Note entitled “Proceeding in the Absence of the Registrant”, and accepted the advice of the Legal Assessor. The Panel was aware that its discretion to proceed in the Registrant’s absence should only be exercised with the utmost care and caution.

7. The Panel decided that the Registrant was aware of today’s hearing, and had clearly expressed that she did not wish to attend.

8. The Panel was of the view that in light of the Registrant’s position, there was little if any prejudice to the Registrant in proceeding today to hear the application for voluntary removal. The Panel considered that it was in the public interest and in the Registrant’s interests that the agreement should be considered expeditiously. Accordingly, the Panel decided to proceed in the Registrant’s absence, deeming this to be fair, in the interests of justice, and in the public interest.

Hearing entirely in private
9. Mr Foxsmith primarily applied for all of the hearing to proceed in private, on the basis that the matters of health, which formed part of the Allegation, were inextricably linked with the misconduct allegations. He submitted that it would be very difficult to compartmentalise the issues so that only parts of the hearing could be in private. His alternative submission, if the Panel did not agree, was for those parts of the hearing dealing with the Registrant’s health, to be in private.

10. The Panel took into account the HCPTS Practice Note entitled “Conducting Hearings in Private” and accepted the advice of the Legal Assessor. The Panel was satisfied that the health issues which it would consider were inextricably linked to the rest of the matters in the Allegation, and that therefore it was appropriate to hold the entire hearing in in private in order to protect the Registrant’s private life, pursuant to Rule 10(1)(a) of the Rules.

Order

The Registrar is directed to remove the name of Dr Jane Saxton from the Register with immediate effect.

Notes

Right of Appeal
You may appeal to the High Court in England and Wales against the Panel’s decision and the order it has made against you.

Under Articles 30(10) and 38 of the Health Professions Order 2001, any appeal must be made to the court not more than 28 days after the date when this notice is served on you.

Hearing History

History of Hearings for Jane Saxton

Date Panel Hearing type Outcomes / Status
21/10/2022 Conduct and Competence Committee Voluntary Removal Agreement Voluntary Removal agreed
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