Calvin J Ruck

Preliminary Matters

1. The Health and Care Professions Council (“HCPC”) was represented by Ms Caroline Collins of Kingsley Napley, Solicitors. The Registrant was not present or represented.

2. The Panel was satisfied that notice of today’s hearing had been properly served on the Registrant in terms of Rule 3 of the Health Committee Procedure Rules 2003. The Panel thereafter considered Ms Collins’ application to proceed in the Registrant’s absence. 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 has had sight of the Registrant’s email to the HCPC dated 22 August 2022 in which he has confirmed that he will not be attending today’s hearing and requesting that the hearing proceed in his absence. The Panel is also aware that the Registrant signed the Voluntary Removal Agreement on 21 July 2022. The Panel is of the view that the Registrant has voluntarily absented himself and that an adjournment would be unlikely to secure his attendance at a future date The Panel has also taken account of the nature of the hearing and has concluded that there would be no prejudice caused to the Registrant by proceeding in his absence today. The Panel has therefore concluded that in all of these circumstances it is in the public interest to proceed with this hearing in the Registrant’s absence.

3. Ms Collins thereafter made an application on behalf of the Registrant for any references to the Registrant’s health issues to be considered in private in terms of Rule 10(1)(a) of the Conduct and Competence Committee Procedure Rules 2003. The Panel took into account the HCPTS Practice Note entitled “Conducting Hearings in Private” and accepted the advice of the Legal Assessor. The Panel agreed that any references to the Registrant’s health should be considered in private as it was satisfied that the Registrant’s right to privacy in respect of his health issues outweighed the general presumption of hearings being held in public.

Background

4. The Registrant was a Physiotherapist at Aneurin Bevan University Health Board (‘ABUHB’) since March 1999. He worked as a Band 7 Clinical Specialist Physiotherapist from 2003 to 2018. The Registrant resigned from ABUHB on 27 July 2018. [redacted] In 2016 the Registrant was put under ABUHB's Internal Disciplinary Procedure relating to incomplete clinical notes following patient appointments. On 28 November 2017, ABUHB held a disciplinary hearing with the Registrant in which it was agreed that the Registrant would attend quarterly review meetings. The Registrant subsequently went on sick leave between 19 December 2017 to 27 July 2018. During this period, further concerns were raised by colleagues in relation to the Registrant’s caseload management such as his completion of clinical notes, arranging follow up care and ordering equipment in a timely manner for service users.

5. In early 2019, an internal investigation took place into the allegations raised by ABUHB against the Registrant. As part of the investigation into the Registrant’s conduct, evidence was obtained that the Registrant was continuing to access his work emails via his personal email account. A subsequent investigation discovered that in 2017 the Registrant sent service users’ records to the personal email account he shared with his partner.

6. On 16 May 2019, ABUHB referred the Registrant to the HCPC.

7. At its meeting on 26 May 2021, the Investigating Committee (IC) of the HCPC determined that there was a case to answer in relation to an allegation of impairment of the Registrant’s fitness to practise and confirmed the following allegation:

As a registered Physiotherapist (PH56742) your fitness to practise is impaired by reason of misconduct and/or lack of competence in that:

1. During the course of your employment as a Band 7 Physiotherapist at Aneurin Bevan University Health Board (ABUHB) between September 2016 and 19 December 2017, you:

a) Did not maintain accurate and/or timely Service User records in the cases listed in Schedule A;
b) Did not undertake and/or did not record undertaking assessments prior to undertaking treatment or rehabilitation for Service Users in Schedule A;
c) Did not arrange follow up care in a timely manner for the Service Users in Schedule B;
d) Did not order Service User equipment in a timely manner for the Service Users in Schedule C;
e) On or around 24 November 2017 you breached ABUHB’s email policy by sending patient information to your personal email account on at least two occasions;
f) On or around 15 December 2017, during a hydrotherapy session:

i. handled Service User 32 inappropriately;
ii. did not undertake a risk assessment and/or range of motion assessment prior to undertaking the session;
iii. did not use flotation aids

2. The matters set out in paragraph(s) 1 constitute misconduct and/or lack of competence.

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

Schedule A:

a) Service User 1
b) Service User 2
c) Service User 3
d) Service User 4
e) Service User 6
f) Service User 7
g) Service User 8
h) Service User 9
i) Service User 10
j) Service User 11
k) Service User 12
l) Service User 13
m) Service User 14
n) Service User 15
o) Service User 16
p) Service User 17
q) Service User 18
r) Service User 19
s) Service User 20
t) Service User 21
u) Service User 22

Schedule B:

a) Service User 23
b) Service User 24
c) Service User 26
d) Service User 5
e) Service User 11
f) Service User 13
g) Service User 28
h) Service User 16
i) Service User 20
j) Service User 29
k) Service User 30
l) Service User 32
m) Service User 1
n) Service User 2
o) Service User 14
p) Service User 33
q) Service User 34
r) Service user 38
s) Service user 45
t) Service User 43
u) Service user 18

Schedule C:

a) Service User 15
b) Service User 31
c) Service User 32
d) Service User 1
e) Service User 4
f) Service User 14
g) Service User 34
h) Service User 46

Decision on Application

8. Ms Collins outlined the history of the case and submitted that granting the Voluntary Removal Application would be the appropriate means of resolving the current matter. She further submitted that the HCPC was satisfied that the Registrant fully understood the effect of the Voluntary Removal Agreement and that granting the application would not compromise the protection of the public or have any detrimental effect on the wider public interest.

9. The Panel had sight of correspondence from the Registrant from which it is clear that he admits the allegation in full, has expressed remorse and demonstrated insight into his failings. He has advised that he has not practised as a Physiotherapist since his resignation in July 2018 and that he has no intention of doing so ever again.

10. The Panel considered all of the information and representations by Ms Collins on behalf of the HCPC and the written representations of the Registrant. The Panel has applied its own judgement to the application to withdraw the allegation and to discontinue these proceedings. The Panel has also had regard to the HCPTS’s Practice Note on Disposal of Cases by Consent and has accepted the advice of the Legal Assessor.

11. 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 Professions Order 2001. The Panel is satisfied that the Registrant has made a full admission of the allegation.

12. The Panel had before it a Voluntary Removal Agreement which had been agreed between the Health and Care Professions Council and the Registrant and signed and executed by the parties in terms of which the Registrant admitted the allegations which had been made against him and agreed that he will resign 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.

13. The Panel firstly considered whether there were any factors which would make it undesirable to allow the allegation to be concluded on the consensual basis set out in the Voluntary Removal Agreement. The Panel has concluded that, given the nature of the allegation, there are no such overriding public interest factors.

14. 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.

15. 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 Physiotherapist 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 allegation in an appropriate and proportionate manner which is in the interests of the public, the HCPC and the Registrant and accordingly approves the Voluntary Removal Agreement to withdraw the allegation and discontinue these proceedings.

ORDER: The Registrar is directed to remove the name of Mr Calvin J Ruck from the Register with immediate effect.

No notes available

History of Hearings for Calvin J Ruck