Mr Gary Hill
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Allegation
(as amended on day 1 of the hearing, namely 22 April 2021)
As a registered Operating Department Practitioner (ODP17291) your fitness to practise is impaired by reason of a health condition. In that:
1. On 20 July 2018, you attended your shift at Royal Hallamshire Hospital whilst unfit to do so [Redacted].
2. During your employment as Operating Department Practitioner with Sheffield Teaching Hospitals NHS Foundation Trust, you did not adequately notify and/or update your manager about your absence and/or continued absence on and/or between:
(i) 22 March 2016 and 24 March 2016
(ii) 02 September 2016
(iii) 19 April 2017
3. [Redacted]
4. By reason of your misconduct and/or health your fitness to practise is impaired.
Schedule A
a) [Redacted]
b) [Redacted]
Finding
Preliminary matters
Service
1. The notice of this hearing (the Notice of Hearing) was sent by email to the Registrant on 31 March 2023. The Notice of Hearing contained the date and time of the hearing and that it would be conducted remotely by video conference. On the same day, the Registrant responded by email to the Notice of Hearing.
2. Having been provided with a copy of the Notice of Hearing dated 31 March 2023 and having received the advice of the Legal Assessor, the Panel determined that the Notice of Hearing had been served effectively.
3. The Panel noted that the Registrant’s email address for the purposes of communication with the HCPC about this hearing was different from his registered email address, as set out on his Certificate of Registration. The Panel would urge the Registrant to update his registered email address on the HCPC register.
4. Ms Khan, on behalf of the HCPC, made an application for the entire hearing to be conducted in private, under Rule 10(1)(a) of the Health Professions Council (Health Committee) (Procedure) Rules 2003, (the Rules), so as to protect the private life of the Registrant, as the case concerned the Registrant’s health.
5. Having received advice from the Legal Assessor, the Panel granted that application in view of the principles set out in the HCPTS Practice Note, Conducting Hearings in Private. The Panel decided that the entirety of the hearing should be held in private and that the written determination by the Panel today be marked accordingly.
Proceeding in the absence of the Registrant
6. Ms Khan applied for the hearing to proceed in the absence of the Registrant under Rule 11 of the Rules. She informed the Panel that the Registrant had responded to the Notice of Hearing by way of an email dated 31 March 2023, in which he stated that he would not be attending the hearing.
7. Ms Khan submitted that the Registrant had waived his right to attend this review hearing, had not requested an adjournment and that there was nothing to suggest that the Registrant would attend on a future date, if the hearing today were to be adjourned. Ms Khan reminded the Panel that this was a mandatory review of a Suspension Order due to expire on 21 May 2023 and submitted that the public interest to proceed today should prevail.
8. The Panel 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. The Panel also took into account the factors set out in the HCPTS Practice Note, Proceeding in the Absence of the Registrant.
9. The Panel read the Registrant’s email of 31 March 2023 in which he stated that he would not be attending the hearing, and provided brief written representations for the Panel’s consideration. The Registrant did not seek an adjournment. The Panel was satisfied that the Registrant was aware of today’s review hearing and had decided not to attend, or to seek an adjournment, but had instead provided a brief update as to his personal circumstances. The Panel concluded that the Registrant had waived his right to attend the hearing. The Panel was satisfied that there would be no significant risk of unfairness to the Registrant if it decided to proceed in his absence and further recognised that there was a public interest in conducting a mandatory review of the substantive order currently in place. Accordingly, the Panel decided to proceed in the Registrant’s absence.
Order
ORDER: The Registrar is directed to extend the current Suspension Order on the registration of Mr Gary Hill for a further period of 6 months on the expiry of the existing order.
Notes
The order imposed today will apply from 21 May 2023.
This order will be reviewed again before its expiry on 21 November 2023.
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 Articles 30(10) and 38 of the Health Professions Order 2001, any appeal must be made to the court not more than 28 days after the date when this notice is served on you.
Hearing History
History of Hearings for Mr Gary Hill
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 27/10/2023 | Health Committee | Review Hearing | Struck off |
| 02/05/2023 | Health Committee | Review Hearing | Suspended |
| 21/04/2022 | Health Committee | Review Hearing | Suspended |
| 22/04/2021 | Health Committee | Final Hearing | Suspended |