Mrs Margaret Donnelly

Preliminary Matters:

Service

1. The Panel noted that the Notice of this hearing was sent to the Registrant on 21 July 2023. This was sent to the Registrant’s registered email address. The Panel noted that the Notice contained the mandatory requirements as to date, time and mode of hearing. The Notice of hearing was therefore sent in accordance with the Rules on service.

2. The Notice of hearing informed the Registrant that a review of the current Suspension Order would take place today by video conference. The Registrant has not responded to the Notice of hearing. In the circumstances, the Panel was satisfied Notice was served properly in compliance with the Rules.

Proceeding in the absence of the Registrant

3. Ms Khorassani asked the Panel to proceed with the hearing in the absence of the Registrant under Rule 11 of the Procedure Rules and to take into account the HCPTS Practice Note on Proceeding in the Absence of the Registrant. She submitted the Registrant had not attended the previous three hearings, there was no evidence that an adjournment would secure attendance at any future hearing, the Registrant had voluntarily absented herself and any disadvantage to her was outweighed by the public interest for this statutory review hearing to proceed.

4. The Panel has considered the HCPTS Practice Note and taken the Legal Assessor’s advice. The Panel noted that there is an onus on the Registrant to engage with her regulator and there is a statutory requirement for the current Order to be reviewed before it expires. The Panel concluded that the Registrant has voluntarily chosen not to attend today’s hearing. The Panel noted that there had been no request for an adjournment of today’s hearing, and in any event an adjournment was unlikely to result in the Registrant’s future participation. The Registrant had not engaged since June 2019, there was no evidence of her engaging now and there is a public interest in this hearing proceeding. The Panel therefore concluded that it was in the public interest to proceed in the absence of the Registrant.

Hearing in Private

5. Ms Khorassani on behalf of the HCPC submitted that this hearing should be held entirely in private, under the Health Professions Council (Health Committee) (Procedure) Rules 2003, which state: “…the proceedings shall be held in public unless the Committee is satisfied that, in the interests of justice or for the protection of the private life of the health professional, the complainant, any person giving evidence, or of any patient or client, the public should be excluded from all or part of the hearing.”

6. The Panel considered that the concerns raised in this hearing relate to the Registrant’s health, and therefore the Panel considered that it was necessary for the entirety of today’s hearing to be held in private, to protect the Registrant's private life.

Decision:

7. The Panel directed that the Registrar replace the current Suspension Order with a Striking Off Order with immediate effect.

The Registrar is directed to strike the name of Ms Margaret Donnelly from the register with immediate effect.

Right of Appeal

You may appeal to the High Court in Northern Ireland 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.

History of Hearings for Mrs Margaret Donnelly