Miss Hannah Corby
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Allegation
As a registered Dietitian (DT25047) your fitness to practise is impaired by reason of misconduct and/or lack of competence and/or health. In that:
1.During your employment as a Dietitian with the Bradford Teaching Hospitals NHS Foundation Trust, you failed to maintain clear, accurate and/or up to date records in that:
c) Between approximately 04 January 2016 and 22 September 2016, you did not record dietetic entries on your employer’s clinical system in a timely manner for the service users listed in Schedule B.
d) Between approximately April 2016 and July 2016: iii. You did not record an appointment cancellation for Service User 5, which occurred on 07 April 2016, in a timely manner. iv. You did not enter information on Service User 5’s clinical record regarding the reasons for their appointment cancellation.
2. Between approximately 05 May 2016 and 02 August 2016, you failed to communicate prescription requests for service users to their General Practitioner and/or prescriber in a timely manner, in that:
e) You did not enter a prescription request for Service User 22 until 22 June 2016, approximately 16 days following their appointment in which the new prescription was agreed.
f) In respect of Service User 23, you did not enter a prescription request for the prescription agreed at your appointment with Service User 23 on 31 May 2016 until 02 August 2016.
g) You did not enter a prescription request for Service User 25 until 17 May 2016, approximately 6 days following their appointment in which a new prescription was agreed.
h) You did not enter a prescription request for Service User 26 until 24 May 2016, approximately 19 days following their appointment in which the new prescription was agreed.
3. Between approximately 18 May 2016 and 20 February 2018, you did not provide adequate and/or appropriate clinical care to three service users in that:
d) You did not submit a prescription request for Service User 24 following your consultation with them on 18 May 2016, in which it had been agreed that Service User 24 would trial Ensure Plus Milkshakes.
e) You did not take account of Service User 55’s swallowing difficulties when undertaking consultations with the service user between approximately 05 December 2017 and 20 February 2018.
f) On 12 February 2018, you prescribed two nutritional supplements, namely Calogen extra 40ml x 3 per day and Fortjuice 200ml x 22, to Service User 56, when Service User 56 was unable to take these supplements/quantities due to his health condition.
4. You have a physical and/or mental health condition as set out in Schedule A.
5. The matters set out at particulars 1 and 2 constitute misconduct.
6. The matters set out in particular 3 constitutes misconduct and/or lack of competence.
7. By reason of your misconduct and/lack of competence and/or health, your fitness to practise is impaired.
Schedule A
[Redacted]
Schedule B
1. Service User 1
2. Service User 2
3. Service User 3
4. Service User 4
5. Service User 22
6. Service User 23
7. Service User 24
8. Service User 25
9. Service User 26
10. Service User 28
11. Service User 29
12. Service User 30
13. Service User 31
14. Service User 32
15. Service User 33
16. Service User 34
17. Service User 35
18. Service User 36
19. Service User 37
20. Service User 38
21. Service User 39
22. Service User 40
23. Service User 41
24. Service User 42
25. Service User 43
26. Service User 44
27. Service User 45
28. Service User 46
29. Service User 47
30. Service User 48
31. Service User 49
32. Service User 50
33. Service User 51
34. Service User 52
35. Service User 53
36. Service User 54
Finding
Preliminary Matters:
1. The Health and Care Professions Council (“HCPC”) was represented by Mr Thomas Walker of Blake Morgan, Solicitors. The Registrant was not present or represented.
Service/Proceeding in absence
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 Mr Walker’s 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 17 August 2022 in which she has confirmed that she will not be attending today’s hearing and that the hearing could proceed in her absence. The Registrant also sent a further email on 31 August 2022 confirming that she would not be attending today’s hearing. The Panel is also aware that the Registrant signed the Voluntary Removal Agreement on 17 August 2022. The Panel is of the view that the Registrant has voluntarily absented herself and that an adjournment would be unlikely to secure her attendance a at 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 her 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.
Privacy application
3. Mr Walker, on behalf of the HCPC, applied for the entirety of the hearing to proceed in private in terms of Rule 10(1)(a) of the Health Committee Procedure Rules 2003 as matters of the Registrant’s health were inextricably bound up with the application before the Panel today. 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 the entirety of the hearing should be held in private as it was satisfied that the Registrant’s right to privacy in respect of her health outweighed the general presumption of hearings being held in public. In reaching this decision, the Panel was satisfied that the Registrant’s health issues were so interlinked with the Allegation that it would be difficult to separate those out in order to hold the hearing in private in part only.
Decision:
4. The Panel considered all of the information and representations by Mr Walker 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.
5. 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 she 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.
6. 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 her and agreed that she will resign from the HCPC Register on the terms and conditions fully set out in that Agreement.
7. 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.
8. The Panel is aware that if the Registrant seeks to return to the HCPC Register at any time in the future, her application would be treated as if she had been struck off as a result of the Allegation.
9. 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 Dietitian and should she wish to apply to return to the Register, she will be treated as though she 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 Panel approves the Voluntary Removal Agreement signed by the HCPC and by the Registrant, Ms Hannah Corby, and agrees to her removal from the Register with immediate effect.
Notes
Voluntary removal agreement hearing of the Health Committee which took place on 1 September 2022 at 10:00am via videolink.
Hearing History
History of Hearings for Miss Hannah Corby
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 01/09/2022 | Health Committee | Voluntary Removal Agreement | Voluntary Removal agreed |