Jonathan Ryder

Preliminary Matters

Service

1. The Panel first considered the issue of service as the Registrant was not in attendance.

2.The Panel had been provided with the Registrant’s e-mail within the Certificate signed by the Registrar dated 25 January 2023. This confirmed the email address for the Registrant.

3. The Panel had sight of the email correspondence to the Registrant at his email address on 25 January 2023, confirmed the date and time of the hearing as well as informing this would be a virtual hearing. It also offered the Registrant an opportunity to make submissions at the hearing.

4. The Panel accepted the advice of the Legal Assessor that good service was effected by notifying the Registrant of the time and date of the hearing at his registered email address. There is a duty on a Registrant to update the register as soon as his address changes.

5. The Panel was satisfied that fair, proper and reasonable notice of the hearing today had been served on the Registrant, the notice of hearing having been sent to the Registrant at his registered email address. The Panel determined that notice had been properly served in accordance with the Health and Care Professions Council (Investigating Committee) (Procedure) Rules 2003 (“the Rules”) including the Health and Care Professions Council (Coronavirus) (Amendment) Rules 2021, as amended for the coronavirus pandemic.

Proceeding in the absence of the Registrant

6. In support of the application to proceed in the Registrant’s absence, the Panel has been provided with oral submissions by the HCPC. Ms Snookes, acting for the HCPC, submitted there had been a lack of attendance, no communication to explain the non-attendance and nothing to indicate adjourning would result in attendance at a future date. Her view was the Registrant had voluntarily absented himself. She stated any disadvantage to the Registrant not attending would need to be balanced with the overarching objective of protecting the public, given that this is a mandatory review.

7. The Panel heard and accepted the advice of the Legal Assessor who advised that the Panel’s discretion to proceed in the Registrant’s absence should only be exercised with the utmost care and caution. She referred the Panel to the cases of R v Hayward, and GMC v Adeogba and Visvardis [2016] EWCA Civ 162. She advised that the Adeogba case reminded the Panel that its primary objective is the protection of the public and the public interest and that the “fair, economical, expeditious and efficient disposal of allegations made against medical practitioners is of very real importance”. It further stated that, “where there is good reason not to proceed, the case should be adjourned; where there is not, however, it is only right that it should proceed”.

8. The Panel has also taken into account the HCPTS’s Practice Note on Proceeding in the Absence of the Registrant.

9. In reaching a decision on the application to proceed in the Registrant’s absence, the Panel has weighed up the competing factors and has determined that it should exercise its discretion to proceed in the absence of the Registrant. The Panel determined that it was fair and reasonable and in the interest of justice to proceed in the Registrant’s absence for the following reasons:

• The Panel has found that good service has been effected and that additional efforts had been made to contact the Registrant by email on 13 February, 23 February and 27 February 2023.

• There was a general public interest for a hearing to take place within a reasonable time. This is a mandatory review. It was in the public interest to deal with the matter today.

• The Registrant had not sought to attend. There had been no communication from the Registrant and this was now the fourth hearing where the Registrant had failed to attend. The Panel concluded that the Registrant has voluntarily absented himself.

• The Panel concluded that adjourning would serve no useful purpose. The Panel considered that it was highly unlikely the Registrant would participate in a hearing if it were to be adjourned to a later date, given his non-engagement to date.

• It is in the interests of justice for proceedings to be concluded in a timely manner, so as to avoid unnecessary delay.

10. The Panel has balanced the disadvantage to the Registrant against the public interest in ensuring that the review of the current suspension order is dealt with expeditiously. It considered that there were steps that the Panel could take to ensure that the Registrant’s position was represented by carefully considering arguments put forward by the HCPC and examining the evidence carefully. It concluded that it is in the Registrant’s interest and in the interests of justice that the mandatory review takes place as soon as possible.

Privacy

11. Ms Snookes applied for the health matter to be heard entirely in private.

12. The Panel noted the application by the HCPC for this hearing be heard in private under Rule 10(1)(a) of the Health and Care Professions Council (Health Committee) (Procedure) Rules 2003, which provides that “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 public should be excluded from all or part of the hearing”.

13. The Panel received and accepted the advice of the Legal Assessor who referred the Panel to the HCPTS Practice Note on Conducting Hearings in Private. Although hearings are usually heard in public, the Rules allow for the hearing to be in private where this would protect the private life of the Registrant.

14. The Panel decided that it was appropriate for the entire hearing to be heard in private. The Allegation and all the background matters concern or relate to the Registrant’s health. The Panel was unable to identify any part of the hearing which could be heard in public, while protecting the Registrant’s private life. The Application to hear the whole hearing in private was accepted.

ORDER: The Registrar is directed to Strike-Off the name of Jonathan Ryder from the Register.

The Order imposed today will apply from 27 February 2023.

History of Hearings for Jonathan Ryder