Sarah J Kellett
Please note that the decision can take up to 5 working days to be uploaded onto the HCPTS website. Please contact one of our Hearings Team Managers via tsteam@hcpts-uk.org or +44 (0)808 164 3084 if you require any further information.
Allegation
As a registered Speech and Language Therapist (SL21953) your fitness to practise is impaired by reason of your misconduct. In that:
1. Between 5 January 2015 and 25 January 2016, during your employment with Bradford District Care NHS Foundation Trust, you;
a. Did not complete discharge reports for approximately 24 service users;
b. Advised that you had instructed Clinical Support Workers (CSW) to complete these discharge reports, which was incorrect;
c. Did not provide adequate treatment to service users, namely;
iii) You did not schedule appointments in a timely manner,
iv) Did not attend appointments with service users.
d. Did not maintain adequate case records on the Trust’s electronic recording system;
2. Your actions at Particular 1 amounts to misconduct.
3. 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 27 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 Smart applied for the hearing to proceed in the Registrant’s absence. He reminded the Panel that the Registrant had signed the voluntary removal agreement (VRA) two days prior to the hearing, and that she had sent emails to the HCPC asking for the matter to be resolved quickly by removing her from the HCPC Register.
5. Mr Smart referred to the Registrant’s engagement with the HCPC about the VRA and submitted that her awareness of today’s hearing was evident from that engagement. In such circumstances, Mr Smart submitted that it was in the Registrant’s interests as well as the public interest for the hearing to proceed today so that the Panel could consider the VRA.
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, having been served with Notice, and the sending of the Notice having been confirmed as delivered by email. Further, the Panel was of the view that the Registrant was aware of the purpose of today’s hearing, namely to consider the Voluntary Removal Agreement (VRA). This was on the basis of the pro forma document signed by the Registrant and dated 18 April 2022, as well as the email from the HCPC dated 14 October 2022 to the Registrant referring to today’s hearing and giving her information about the process. The Registrant replied to this email on 16 October 2022 and signed the VRA itself on 18 October 2022.
8. On the basis of the information before it, the Panel was of the view that the Registrant had made clear that she wished for a quick resolution to her request to be removed from the HCPC register, as set out in her emails dated 3 November 2020 and 13 November 2020. The Panel implied from her position, and the email exchanges as set out above, that she had voluntarily waived her right to attend today’s hearing and that there would be no purpose in adjourning it.
9. 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 partly in private
10. Mr Smart applied for any parts of the hearing which made reference to the Registrant’s health, to proceed in private.
11. 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 those parts of the hearing which referred to the Registrant’s health should be in private in order to protect the Registrant’s private life, pursuant to Rule 10(1)(a) of the Rules.
Background
12. The Registrant is registered as a Speech and Language Therapist and was employed by Bradford District Care NHS Foundation Trust (‘the Trust’) between 5 January 2015 and 15 November 2017.
13. In 2016, concerns came to light from a Service User that the Registrant had allegedly not provided treatment to the Service User, and/or not discharged the Service User and/or not contacted the Service User as required.
14. Following these concerns, the Trust undertook an investigation into the Registrant’s caseload. This highlighted a number of further concerns in relation to 70 service users in which the Registrant was allocated to treat. These concerns regarded poor record keeping, use of interpreting service, information governance, poor handover notes, appointment irregularities, no or inadequate follow ups and poor clinical decision making.
15. The matter was subsequently referred to the HCPC on 28 February 2018 by the Trust following the internal investigation.
16. A Panel of the Investigating Committee (IC) met on 22 October 2020 and determined that there was a case to answer in relation to an allegation that the Registrant’s fitness to practise is impaired.
17. Following the outcome of the IC, Kingsley Napley LLP was instructed by the HCPC to undertake an investigation in relation to the allegation detailed above.
Decision on the Application
18. The Panel had regard to the HCPC’s main bundle which included the HCPC’s skeleton argument dated 14 September 2022.
19. The Panel heard submissions from Mr Smart that the HCPC was satisfied that voluntary removal from the Register was an appropriate disposal of this case and would not compromise public protection or the wider public interest. Mr Smart reminded the Panel that the effect of a VRA is the same as a strike-off from the Register following a finding of impairment of fitness to practise.
20. Mr Smart referred to emails from the Registrant dated 3 November 2020 and 13 November 2020 which set out her wish to be removed from the Register and that she had not practised her profession since January 2016 and had no intention to do so in the future. As made clear in the VRA, the Registrant admitted the allegations and that her fitness to practise was impaired.
21. Mr Smart informed the Panel that the Registrant had previously been sent the HCPTS Practice Note entitled “Disposal of Cases by Consent” as well as other guidance although there was no record of that email sent to her. He also placed a more recent email chain before the Panel in which the HCPC had sent an email to the Registrant dated 14 October 2022 giving the Registrant information about the process, including information that it was for the Panel to accept or reject the VRA. Thus, Mr Smart submitted, the Registrant’s agreement for consensual disposal was made in a clear and fully informed manner.
22. The Panel accepted the advice of the Legal Assessor.
23. The Panel reminded itself of the guidance offered in the HCPC Practice Note entitled “Disposal of Cases by Consent”.
24. The Panel took into account all of the evidence before it, including the Registrant’s emails 3 and 13 November 2020 and 16 October 2022 as well as the information she gave in the pro forma document completed by her dated 18 April 2022. In the latter document, she stated:
“I have not practised since January 2016 and never again will. This was referred to you in December 2017 – 4 years and 4 months later this is still not resolved and has had a detrimental impact…I wish for a quick resolution now and for my name to be removed from the HCPC register as a priority. The form has been previously submitted twice now”.
25. In all the circumstances, the Panel was therefore satisfied that the HCPC has put forward an objectively justified explanation for why the matter is suitable for disposal by a VRA.
26. The Panel is satisfied that the Registrant has had it explained to her that the ultimate decision as to whether or not to approve the VRA lies with the Panel.
27. The Panel was satisfied that the Registrant has had sufficient information about the VRA process, and has been consistent and clear about her wish to be removed from the Register, as well as regarding her acceptance of all the allegations, and that her fitness to practise is impaired, as reflected in the VRA signed by her.
28. The Panel was satisfied that the public would be protected by the removal of the Registrant from the Register, as it would have the same effect as if she had been struck off the Register.
29. It was clear to the Panel that this was not a case which required an examination, at any hearing, as to the demands of the public interest. As a result, the Panel was satisfied that the need to maintain public confidence in the profession and uphold proper professional standards would not be undermined if this matter was disposed of by consent. The public interest would not be adversely affected by the VRA. Rather, in the Panel’s view, the public interest would be served by the expeditious resolution provided by the VRA.
30. The Panel therefore decided to approve the VRA.
31. The Panel noted that there was no interim order in place.
Order
ORDER: The Registrar is directed to remove the name of Miss Sarah J Kellett from the Register with immediate effect.
Notes
No notes available
Hearing History
History of Hearings for Sarah J Kellett
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 20/10/2022 | Conduct and Competence Committee | Voluntary Removal Agreement | Voluntary Removal agreed |