Peter Upton

Preliminary Matters:

Service

1. The Panel was supplied with evidence in the Service bundle that the Registrant was served with a Notice of Hearing to his registered email address. The Notice advised the Registrant of the date and time for the hearing. Correspondence to the Registrant clarified when the nature of the hearing changed from a substantive fitness to practice hearing, to a disposal by consent hearing.

2. The Panel was satisfied that notice of this hearing had been properly served.

Proceeding in the absence of the Registrant

3. The Notice of Hearing had advised that the hearing would take place remotely unless there was an objection.

4. The Registrant responded by email, dated 20 December 2022, indicating that he would not attend the hearing or be represented. He signed the pro-forma disposal by consent request form and returned it, agreeing the facts, agreeing he was currently impaired and agreeing to be bound by conditions.

5. The Panel accepted the advice of the Legal Assessor and determined that it was appropriate to conduct the hearing in the Registrant’s absence, no application having been made for an oral hearing or for the hearing to be adjourned. The Panel was mindful that an adjournment would be unlikely to secure the Registrant’s future attendance or serve any useful purpose, given that the Registrant has returned a signed pro forma consent order request.

6. The Panel determined that the Registrant has voluntarily absented himself from attending the hearing and is therefore content for it to proceed without him or any representative being present. The Panel was of the view that no detriment was caused to the Registrant by not attending, and that it was fair and in the interests of justice to proceed with this hearing.

Proceeding in Private

7. The Panel noted the application by the HCPC for this hearing be heard in private under the Health Professions Council (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”.

8. The Panel accepted the advice of the Legal Assessor, namely, that 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. The Registrant’s health condition is a private health matter.

9. The Panel was of the view that it was in the interests of justice to hold the entire hearing in private given that specific details of the Registrant’s health is a private matter as envisaged under Rule 8 above, and the substance of the hearing is directed towards the Registrant’s health.

10. The Panel agreed that the hearing should be heard in private as matters related to the Registrant’s health arise.

Decision:

11. The Panel accepts the proposed consensual disposal of this case.

The Registrar is directed to annotate the register entry of the Registrant, Mr Peter Upton, to show that, with effect from the date of the hearing (‘the Operative Date’) for a period of twelve months:

1. Prior to commencing work, you must organise an Occupational Health Assessment with an Occupational Health practitioner in order to identify an appropriate return to the workplace.

2. You must attend upon that Occupational Health Practitioner as required and follow their advice and recommendations for the period of one year from the Operative Date.

3. You must place yourself and remain under the supervision of a workplace supervisor who must have been registered for at least two years by the HCPC or other appropriate statutory regulator and supply information to them in respect of your health and also supply details of your supervisor to the HCPC within one month of the Operative Date. You must attend upon that workplace supervisor as required and follow their advice and recommendations, including undertaking any programme of induction and/or mandatory training for the period of one year from the Operative Date.

4. You must register with and remain under the care of a general practitioner and inform him or her that you are subject to these conditions.

5. You must immediately give a copy of these conditions to:

a) Your workplace supervisor;

b) Any agency you are registered with or apply to be registered with (at the time of application);

c) Any organisation or person employing or contracting with you to undertake professional work;

d) Any prospective employer (at the time of application).

e) Your general practitioner.

f) Your occupational health practitioner(s).

g) Any other registered medical practitioner responsible for your care.

6. You must allow:

a) Your workplace supervisor

b) Your general practitioner

c) Your occupational health practitioner(s)

d) Any other registered medical practitioner responsible for your care to share information about your health, treatment and compliance with these conditions with the HCPC and with each other.

7. You must keep your professional commitments under review and limit your professional practice in accordance with the advice of your workplace supervisor / your general practitioner / your occupational health practitioner(s) and any other registered medical practitioner responsible for your care.

8. You must cease practising immediately if you are advised to do so by your workplace supervisor / your general practitioner / your occupational health practitioner(s) and any other registered medical practitioner responsible for your care.

9. [Redacted]

10. [Redacted]

11. [Redacted]

12. You must promptly inform the HCPC if you take up any other employment

13. You must promptly inform the HCPC of any disciplinary proceedings taken against you

14. [Redacted]

15. Any condition requiring you to provide any information to the HCPC is to be met by you sending the information by email to the Case Manager appointed to your case

No notes available

History of Hearings for Peter Upton