Adam Meakins
Please note that the decision can take up to 5 working days to be uploaded onto the HCPTS website. Please contact one of our Hearings Team Managers via tsteam@hcpts-uk.org or +44 (0)808 164 3084 if you require any further information.
Allegation
Matter 1:
Whilst registered with the Health and Care Professions Council as a Physiotherapist, you:
1.Inappropriately used social media in that you:
a.Used offensive and / or unprofessional language on / around 1 January2019 in a Facebook post;
b.Used unprofessional language on / around 9 March 2019 in a videoentitled “Does physio need a Wiki-Leaks event to progress” or words tothat effect;
c.Used unprofessional language on 29 April 2019 in one or more tweets about the HCPC;
d.Used unprofessional language on / around 29 April 2019 in a private message to another physiotherapist;
e. Used unprofessional language on / around 23 July 2019 in a tweet, in which you said, “Good health has to be earned with hard work, self control and some discipline… #LowTolerance”
f. Used unprofessional language on / around 7 August 2019 in a tweet, in which you referred to the “low standard of and high variation in physiotherapy advice and treatment”
g. Used unprofessional language on / around 4 October 2019 in a tweet which referred to the “****** beliefs and practices of some manual therapists”.
h. Posted a graphic on Twitter, in 2016, which copied published material without proper attribution and/or while presenting it as your own work;
i. In around 2015, presented a model called the “Shoulder House Symptom Modification Tests” which copied and/or was significantly derived from the work of another physiotherapist, without proper attribution and/or while presenting it as your own work;
j. In or around June 2015 and/or in 2018, used unprofessional language on Twitter in that you used the word “dinosaurs” to refer to members of the physiotherapy profession;
k. In or around 2018, suggested in a blogpost that other physiotherapists had deliberately sabotaged a tour of your postgraduate shoulder course in Australia.
2. During a weekend training course on 18 and 19 November 2017, you used unprofessional and/or offensive language, in that you:
a. Repeatedly used swear words during your presentations;
b. Described a physiotherapist colleague as “a pretentious *****” and/or a “hypocrite” or words to that effect
3. Your conduct in paragraphs 1a – k and/or 2 constitutes misconduct.
4. By reason of your misconduct set out in paragraph 1a – k and/or 2, your fitness to practise is impaired.
Matter 2
As a registered Physiotherapist (PH64947) your fitness to practise is impaired by reason of misconduct, in that:
1.On or around 25 September 2019 you displayed inappropriate behaviour that was posted on social media, in that:
a.REDACTED
b.REDACTED
c.You did not communicate professionally during a class in that you asked the volunteer whether he felt “like a virgin anymore” or words to that effect and displayed the words “Neuromodulation ***** about with the nervous system.”
2.On or around 30 December 2018 you displayed inappropriate behaviour that was posted on social media, in that:
a.You used inappropriate language during the class in that you used the words “****” and or “*******”.
3.The matters listed in particulars 1 and 2 constitute misconduct.
4.By reason of your misconduct your fitness to practise is impaired.
Matter 3
As a registered Physiotherapist (PH64947) your fitness to practise is
impaired by reason of misconduct. In that:
1.On or around 5 April 2020 you demonstrated unprofessional conduct on Social Media in that you made a post that contained incorrect information about Person A’s business in respect of them treating patients in breach of government Covid-19 guidelines.
- Between 14 March 2020 and 22 April 2020 you used inappropriate language on social media in that you used the words and/or phrases:
- a) “****”
b) “W**k”
c) “Thick as ****”
d) “********”
e) “Dumb*******”
f) “****tards”
The matters listed in particulars 1-2 constitute misconduct.
By reason of your misconduct your fitness to practise is impaired.
Finding
Preliminary Matters
Amendment
1. Ms O’Connor applied to amend allegation, particular 1 j) to add the words “and/or in a blog post” after the word “Twitter”. She submitted that these are minor amendments and better reflect the evidence Jeremy Lewis that the use of the word “dinosaur” by the Registrant took place in a blog and subsequently in Twitter. She submitted there was no prejudice to the Registrant. Ms Williamson stated the Registrant was neutral as to the application.
2. The Panel took legal advice as to fairness and the interests of justice and decided that it was fair and appropriate to allow the amendment. It does not alter the nature or the gravity of the allegation or cause any prejudice to the Registrant, and it better reflects the evidence. Therefore, the Panel granted the application.
Background
3. The Registrant is a registered Physiotherapist who was employed by West Hertfordshire Hospitals NHS Trust (‘the Trust’) as an Extended Scope Practitioner within the Surgery, Anaesthetics and Cancer Division at the time of the allegations. In addition, the Registrant also works in private practice, under the name ‘The Sports Physio’. He has a social media presence and a blog where he describes himself as a “The Sports Physio.”
4. Between January and March 2019, the HCPC received a number of referrals regarding the Registrant’s use of unprofessional language on social media on a range of occasions between 2015 – 2019, including referring to colleagues in offensive terms. At the time of the initial referrals, the Registrant had over 52,000 followers on Twitter, where his profession was clearly identifiable. These concerns make up the first allegation made in respect of the Registrant.
5. The second allegation made in respect of the Registrant is that he had behaved unprofessionally during two training demonstrations between September and December 2019, the videos of which were posted to Social Media. It is alleged that during the demonstration, the Registrant grabbed a volunteer’s nipples and genitals. This concern was referred to the HCPC by an anonymous individual on 24 May 2020.
6. The third allegation was referred to the HCPC by Person A, a Consultant Neurologist and Clinical Director of Neurophysiology. Person A is also the founder of ‘The Body Factory’ Rehabilitation Clinic. It is alleged that on 5 April 2020, the Registrant inaccurately posted on Social Media that The Body Factory was treating patients in breach of Covid-19 guidelines. Additionally, the referral raised concern that the Registrant had been behaving inappropriately on Social Media by using unprofessional language. This matter was referred to the HCPC on 6 April 2020.
Recusal
7. On day six of the hearing, after the close of the HCPC case, the Registrant Panel Member indicated that she had viewed social media and, as a result, she considered that it was appropriate to offer to recuse herself from the hearing to avoid any perception of bias.
8. The Panel accepted the advice of the Legal Assessor who referred it to the guidance on bias in Porter v Magill [2001] UKHL 67 which states:- “that the appropriate test in determining an issue of apparent bias was whether the fair-minded and informed observer, having considered the relevant facts, would conclude that there was a real possibility that the tribunal was biased.”
9. The Panel heard from Ms Williamson for the Registrant. Having considered the position, and taken instructions, she advised the Panel that the Registrant accepted the recusal offer from the Registrant Panel member. However, Ms Williamson advised that, despite the possibility of the HCPTS offering to find a substitute Registrant Panel member to allow the hearing to continue, the Registrant was not agreeable to the substitution as any new panel member would not have heard the HCPC evidence heard over the last five days. Ms Williamson advised that the substitution of one panel member at this stage in the hearing would potentially be unfair and prejudicial to the Registrant. Accordingly, she indicated that this hearing would require to be adjourned, and a new panel scheduled to hear the matter anew.
10. Ms O’Connor submitted that the HCPC were neutral as to the issue of bias but were prepared to seek to arrange for a substitute Registrant Panel member to join the Panel to allow the hearing to continue and to hear the evidence from the Registrant.
11. The Panel accepted further advice from the Legal Assessor who gave advice as to the constitution of a quorate panel, which required to consist of three people, including a Registrant panel member. In the absence of a panel of three there was no “panel” and it would not be possible to effectively impose a new panel member at this stage of the hearing without the consent of the Registrant himself.
12. In all the circumstances the Panel therefore adjourned the hearing and made no further order. The allegations will be referred to a new panel and the hearing will be heard anew.
Order
This hearing has adjourned, with no evidence heard.
Notes
The date for the rescheduled hearing is to be confirmed.
Hearing History
History of Hearings for Adam Meakins
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 10/07/2023 | Conduct and Competence Committee | Final Hearing | Adjourned |