Mr Simon A Lockyear
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Allegation
Whilst registered with the Health and Care Professions Council as a Biomedical Scientist and employed by Public Health Wales Microbiology, approximately between October 2017 and December 2017 you:
1. Did not put plate labels to indicate:
a) The sensitivities on the culture plates;
b) Future culture testing was needed.
2. Reported that for the following cases there were H3 sensitivities when the results would not have been available yet:
a) U17*******
b) U17*******
3. Reported that for the following cases there were H4 sensitivities when the results would not have been available yet:
a) U17*******
b) U17*******
c) U17*******
d) U17*******
4. Reported that for the following cases there were H5 sensitivities when the results would not have been available yet:
a) U17*******
b) U17*******
c) U17*******
d) U17*******
e) U17*******
5. Reported that for the following cases there were A1 A2A sensitivities when the results would not have been available yet:
a) U17*******
b) U17*******
c) U17*******
6. Did not correctly report results for the following cases:
a) U17*******
b) U17*******
c) U17*******
d) U17*******
e) U17*******
7. Reported the organism identity and sensitivities in a single results entry for the following cases when the results would not have been available yet:
a) U17*******
b) U17*******
c) U17*******
d) U17*******
e) U17*******
f) U17*******
g) U17*******
h) U17*******
i) U17*******
j) U17*******
k) U17*******
l) U17*******
m) U17*******
n) U17*******
o) U17*******
p) U17*******
q) U17*******
r) U17*******
s) U17*******
t)U17*******
u) U17*******
v) U17*******
w) U17*******
x) U17*******
y) U17*******
z) U17*******
aa)U17*******
bb)U17*******
cc)U17*******
dd)U17*******
ee)U17*******
ff) U17*******
gg)U17*******
hh)U17*******
ii)
U17*******
8. Reported Malditof results for the following cases when these were not available:
a) U17*******
b) U17*******
c) U17*******
d) U17*******
e) U17*******
f) U17*******
g) U17*******
h) U17*******
i) U17*******
j) U17*******
9. Did not put through specimens requiring antibiotic ranges other than H1 for further culture work.
10. The matters set out in paragraphs 1-9 constitute to misconduct and / or lack of competence.
Finding
Preliminary Matters
Service
1. The Panel was provided with a copy of the Notice of Hearing. It was sent by email to the Registrant’s registered email address on 16 June 2023. There was confirmation dated 16 June 2023 that the email had been successfully delivered and not returned.
2. The Panel accepted the advice of the Legal Assessor.
3. The Panel noted that the email to the Registrant confirmed that the hearing would be taking place remotely via video conference. The date and time of the review hearing was confirmed in the Notice of Hearing.
4. The Panel was satisfied that the Notice of Hearing had been properly served in accordance with the Health and Care Professions Council (Coronavirus) (Amendment) Rules Order of Council 2021 which came into force on 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 private
5. Ms Khan submitted that this hearing should proceed wholly in private. She said that there would be references to the health of the Registrant. Ms Khan further submitted that it would not be practicable to conduct the hearing partially in private and partially in public. The Registrant’s health was central to the matters under review and this approach was in line with that of previous panels.
6. The Panel heard and accepted the advice of the Legal Assessor. It determined that for the reasons advanced by Ms Khan, the entirety of the hearing should be conducted in private. The Panel noted that this was the procedure adopted at the previous 2 review hearings. This Panel considered that the Registrant’s health could not be separated from the issues under consideration and it would not be practicable to hold the hearing partially in public.
Order
ORDER: The Registrar is directed to suspend the registration of Mr Simon A Lockyear for a further period of 9 months on the expiry of the existing order.
Notes
The Order imposed today will apply from 11 August 2023.
This Order will be reviewed again before its expiry on 11 May 2024.
Hearing History
History of Hearings for Mr Simon A Lockyear
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 18/04/2024 | Conduct and Competence Committee | Review Hearing | Struck off |
| 14/07/2023 | Conduct and Competence Committee | Review Hearing | Suspended |
| 12/07/2022 | Conduct and Competence Committee | Review Hearing | Suspended |
| 03/02/2022 | Conduct and Competence Committee | Review Hearing | Suspended |
| 13/01/2022 | Conduct and Competence Committee | Review Hearing | Adjourned part heard |
| 11/01/2021 | Conduct and Competence Committee | Final Hearing | Suspended |