Jacqueline Morgan
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Allegation
As a registered Operating Department Practitioner (ODP20310) your fitness to practise is impaired by reason of your conviction and/or misconduct in that:
1. On 5 September 2019, you were convicted at Brighton Magistrates Court of driving a motor vehicle on 19 August 2019 after consuming so much alcohol that the proportion of it in your breath, namely 108 micrograms of alcohol in 100 millilitres of breath, exceeded the prescribed limit. Contrary to section 5(1)(a) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.
2. On 21 July 2020, you were convicted at Brighton Magistrates Court of driving a motor vehicle on 16 October 2019 while disqualified from holding or obtaining a driving licence. Contrary to section 103(1)(b) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.
3. On the following dates, you consumed alcohol while at work and/or attended work while intoxicated:
a) 25 October 2019; and/or
b) 20 April 2021
4. The matters set out in Particular 3 above constitute misconduct.
5. By reason of your conviction and/or misconduct your fitness to practise is impaired
Finding
Preliminary Matters:
Service
1. The Panel was provided with a Notice of Hearing dated 6 November 2023, which had been sent to the registered email address of the Registrant. There was a confirmation email indicating that delivery was complete and a signed proof of service statement, both dated 6 November 2023.
2. The HCPC provided a signed Certificate dated 6 November 2023 confirming the Registrant’s registered email address.
3. The Panel established that the Notice of Hearing had been sent to the Registrant’s correct registered email address. The Panel heard and accepted the advice of the Legal Assessor.
4. The Panel was satisfied that the Notice of Hearing had been properly served in accordance with the Health and Care Professions Council (Conduct and Competence Committee) (Procedure Rules 2003) as amended by the Health and Care Professions Council (Coronavirus) (Amendment) Rules Order of Council 2021, which have been in force since 4 March 2021. These rules provide express provision for the HCPC to serve notices via electronic email and hold hearings via audio and video link where necessary.
Proceeding in Absence
5. The HCPC applied for the hearing to proceed in the absence of the Registrant. It was submitted that the last time the Registrant had replied to correspondence from the HCPC was in September 2021. No response had been received from her to more recent correspondence from the HCPC. It was submitted that in the absence of engagement, the Registrant had voluntarily absented herself from the proceedings.
6. The Panel heard and accepted the advice of the Legal Assessor, who summarised the cases of GMC v Adeogba (2016) EWCA Civ 162, GMC v Visvardis (2004) EWCA Civ 162, Ramaswamy v GMC (2021) EWHC (1619) (Admin), Jatta v NMC (2009) EWCA Civ 824 and R v Jones (Anthony William) HL 20 Feb 2002. The Panel also had regard to the HCPTS Practice Note, ‘Proceeding in the Absence of the Registrant,’ dated June 2022.
7. The Panel was confident that the Registrant was aware of the hearing. It found there had been a lot of communication from the Regulator to the Registrant, which she had failed to respond to. The matter had been going on for 4 years and there were witnesses present who were willing to give evidence.
8. The Panel found that there would be no useful purpose in adjourning the proceedings, as there was no likelihood that the Registrant would engage. It acknowledged that there may have been a disadvantage to the Registrant in proceeding in her absence. This was because the Registrant was not present to respond to the Allegation or to question the witnesses. However, this was outweighed by the public interest in concluding the proceedings. It was also in the Registrant’s own interest for the proceedings to be concluded expeditiously. The Panel found that the Registrant had voluntarily absented herself from the proceedings and decided to proceed in her absence.
Proceeding in Private
9. The HCPC applied for the entirety of the proceedings to be heard in private. Although there was no health allegation, matters relating to the Registrant’s health and personal life were intrinsically linked to the Allegation. It was submitted that although there was a clear public interest for transparency, it was in the Registrant’s interests for the proceedings to be heard in private.
10. The Panel heard and accepted the advice of the Legal Assessor. It acknowledged that Rule 10(1) of the HCPC Conduct and Competence) (Procedure Rules) 2003 permits the panel to sit in private for all or part of the hearing.
11. The Panel considered whether it was necessary to hear all or any part of the proceedings in private. It accepted the HCPC’s application and concluded that it was necessary to hear the entire proceedings in private in order to protect the Registrant’s privacy. The Allegation was intrinsically linked to the Registrant’s health matters to the extent that it would not be possible to separate them.
Order
The Registrar is directed to strike the name of Ms Jacqueline Morgan from the Register on the day this Order comes into effect.
Notes
Right of Appeal
You may appeal to the High Court in England and Wales against the Panel’s decision and the order it has made against you.
Under Article 29(10) of the Health Professions Order 2001, any appeal must be made within 28 days of the date when this notice is served on you. The Panel’s order will not take effect until the appeal period has expired or, if you appeal, until that appeal is disposed of or withdrawn.
Interim Suspension Order:
The Panel makes an Interim Suspension Order under Article 31(2) of the Health Professions Order 2001, the same being necessary to protect members of the public and being otherwise in the public interest.
This order will expire: (if no appeal is made against the Panel’s decision and Order) upon the expiry of the period during which such an appeal could be made; (if an appeal is made against the Panel’s decision and Order) the final determination of that appeal, subject to a maximum period of 18 months.
Hearing History
History of Hearings for Jacqueline Morgan
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 05/12/2023 | Conduct and Competence Committee | Final Hearing | Struck off |