Elizabeth J Hodges

Preliminary Matters

Service

1. The Panel noted that the Registrant was served with a Notice of Hearing by email on 8 March 2023. The Notice of Hearing advised the Registrant of the date and time of the remote hearing. The Registrant was invited to make submissions and to update the Panel with any new information since the last review hearing. The Panel had sight of the letter emailed to the Registrant, confirmation that the email had been delivered, and the certificate of service.

2. The Panel had regard to the HCPTS Practice Note in relation to Service of Documents and accepted the advice of the Legal Assessor; that the Health and Care Professions Council (Health Committee) (Procedure) Rules 2003 (as amended) (“the Rules”) are satisfied if there is proof that the document was sent to the address of the Registrant as it appears on the register. The Panel noted that the Health and Care Professions Council (Coronavirus) (Amendment) Rules 2021 allow for the service of documents via email.

3. The Panel was satisfied that the Registrant had been served with the Notice of Hearing in accordance with the relevant procedural requirements.

Proceeding in Absence

4. Ms Snookes on behalf of the HCPC made an application for the hearing to proceed in the Registrant’s absence. She referred to the factors in Court of Appeal in R v Hayward [2001] EWCA Crim 168, as qualified by the House of Lords in R v Jones [2002] UKHL 5 and submitted that as the Registrant had waived her right to attend, the Panel should exercise its discretion and proceed in her absence. This was a mandatory review, the Registrant had responded to the Notice of Hearing to say she would not be attending, and had not requested an adjournment.

5. The Panel accepted the advice of the Legal Assessor, who referred it to rule 11 of the Rules, which gives the Panel discretion to proceed in the absence of the Registrant, provided all reasonable steps have been taken to serve notice. The Legal Assessor reminded the Panel of the HCPTS Practice Note on Proceeding in Absence and its discretion to do so where a Registrant has waived their right to attend, providing this is fair. The factors to take into account when exercising this discretion, as set out in the case of R v Jones should aid the Panel in exercising its discretion. It may also take into account the position set out by the court in GMC v Adeogba [2016] EWCA Civ 162.

6. The Panel was mindful of the mandatory requirement to review the Substantive Order. The Panel was satisfied that it was appropriate to exercise its discretion to hear the matter in the absence of the Registrant, as she had voluntarily absented herself, and there was nothing to suggest that an adjournment would secure her attendance at a later date. It noted that the Registrant had been made fully aware of the potential consequence of today’s hearing; communication with her had been clear and direct. The Panel determined that in all the circumstances there was nothing to be gained by an adjournment and it was in the public interest and fair to the Registrant to review the Order in the Registrant’s absence.

Proceeding in Private

7. Ms Snookes made an application for the entire hearing to be conducted in private as the case concerns the Registrant’s health. The Panel took into account the HCPTS Practice Note on “Conducting Proceedings in Private” and accepted the advice of the Legal Assessor. It was aware that whilst the general principle is that hearings should be conducted in public, there was a discretion to hear the matter in private in order to protect the Registrant’s private life, in accordance with rule 10(1) of the Rules. The Panel balanced the Registrant’s right to privacy in relation to her health against the public interest in open justice. It granted the application as the Registrant’s right to privacy in relation to her health outweighed the public interest in the circumstance of this case.

ORDER: The Registrar is directed to Strike Off Miss Elizabeth Hodges

The Order imposed today will apply upon the expiry of the current Suspension Order, 17 May 2023.

There is a Right of Appeal, which means an appeal can be made to the High Court in England and Wales against the Panel’s decision and the order it has made. 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.

History of Hearings for Elizabeth J Hodges