Sasikumar Ramasamy

Profession: Physiotherapist

Registration Number: PH106372

Hearing Type: Final Hearing

Date and Time of hearing: 10:00 01/11/2023 End: 17:00 03/11/2023

Location: Park House, 184-186 Kennington Park Rd, London

Panel: Conduct and Competence Committee
Outcome: Struck off

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

As a registered Physiotherapist (PH106372) your fitness to practise is impaired by reason of misconduct.

In that:

1. In or around February and/or March 2016 you:

a. Offered Service User A home visits, without providing any information/guidance on home visits;

b. Offered to give Service User A a massage on Service User A’s bed, free of charge;

c. You requested Service user A to come early for her physio session so that you can provide half an hour of free deep massage;

d. Breached professional boundaries with Service User A in that you sent text messages to Service User A, specifically,

i. On 1 March 2016 you sent a message saying, “Good morning (with flower emojis), have a lovely day”;

ii. On 2 March 2016 you sent a video and said, “Hi have a stress free morning” with smiling faces emojis;

iii. On 3 March 2016 you sent a message saying, “Have a beautiful day (with a flower emoji) and asked, “How was a day?”;

iv. On 6 March 2016 you sent a message saying, “Good morning (with a flower emoji)”.

2. On 6 March 2016, during a physiotherapy session with Service User A, you:

a. Said to Service User A “don’t tell the office you are here” or words to that effect;

b. Pulled Service User A’s knickers down without clinical justification for doing so;

c. Pulled Service User A’s buttocks apart;

d. Touched Service User A’s anus and vagina; and

e. Touched and squeezed Service User A’s nipples.

3. Your conduct in relation to particulars 1 and 2 was sexually motivated.

4. The matter set out in particulars 1 and 2 above constitutes misconduct.

5. By reason of your misconduct your fitness to practise is impaired.

Finding

No information currently available

Order

The Registrar is directed to strike the Registrant's name from the Register.

 

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 Article 29(10) of the Health Professions Order 2001, any appeal must be made within 28 days of the date when this notice is served on you. The Panel’s order will not take effect until the appeal period has expired or, if you appeal, until that appeal is disposed of or withdrawn.

 

Interim Order

1. At the conclusion of the hearing on Friday 3 November 2023, Mr Bridges’ made an application for an interim order to cover the period in which an appeal can be lodged and for such an appeal to the High Court to be concluded. The application was for the maximum period of eighteen months.

2. The HCPC application was on two bases. First, that it is in the interests of service user protection, given the Panel’s findings in respect sexual misconduct, Secondly, that such an order was necessary in the wider public interest given the Panel’s determinations in respect of the impact the Registrant’s misconduct has had on the reputation of the profession.

Decision

3. The Panel noted that the Registrant was properly served with notice of the Panel’s ability to impose such an interim order, as this had been included in the Notice of hearing to the Registrant. The Panel has seen a copy of the Notice letter which contains all relevant information.

4. The Panel’s powers to impose an interim order arise from Article 31 of the Health Professions Order 2001 as amended.

5. The Panel has accepted and applied the advice of the Legal Assessor as to the proper approach it should adopt. In particular:

• It has to be satisfied that an Order is required for all or any one of the three statutory grounds namely, necessary for the protection of service-users; otherwise in the wider public interest; or, in the interests of the Registrant concerned.
• As part of its consideration, the Panel has to have regard to the impact of any order on the Registrant. It has to be satisfied that the consequences of any such order are not disproportionate to the risk from which the public needed to be protected.
• If the circumstances require an interim order, the Panel should first consider whether interim conditions of practice would offer sufficient protection. Only if they would not, should an Interim Suspension Order be made.
• The maximum period for such an order can be made for is eighteen months.
• In exercising its functions, the Panel must apply the principle of proportionality balancing the interests of the Registrant with the public interest.

6. The Panel has taken into account the representations of the parties and noted the guidance set out in the relevant Practice Note issued by the HCPTS.

7. The matters raised are serious ones and the Panel’s determination has identified the risks which the public may be exposed to given the level of the Registrant’s current level of insight. The Panel has considered whether there is a likelihood of a repetition of the behaviour found proven and decided that there is. It has also considered the public perception of the Registrant and their profession in the circumstances of a proven incident of sexual misconduct and the reputational damage that may flow from this should an order not be made.

8. The Panel has therefore concluded that it is in the public interest for an Interim Order to be made. The Panel has identified that given that the Registrant is currently unemployed but is actively seeking work through a locum agency arrangement or provision of private services. Neither of which are appropriate or practicable in terms of compliance with an Interim Conditions of Practice Order. Further, for the reasons given above, this level of restriction is insufficient in relation to public interest.

9. In the Panel’s view the appropriate and proportionate Order is an Interim Suspension Order. In coming to its conclusion that an Interim Suspension Order is appropriate and proportionate; the Panel considered the professional and financial impact that such an Order might have on the Registrant, but it concluded that the public interest in this instance outweighed that of the Registrant.

10. The Panel determined that a period of eighteen months was sufficient to cover any potential appeal period.

11. The Panel makes an Interim Suspension Order under Article 31(2) of the Health Professions Order 2001, the same being necessary to protect members of the public and being otherwise in the public interest.

12. This order will expire: (if no appeal is made against the Panel’s decision and Order) upon the expiry of the period during which
such an appeal could be made; (if an appeal is made against the Panel’s decision and Order) the final determination of that appeal, subject to a maximum period of 18 months.

Notes


The Registrant has appealed the decision therefore the interim suspension order remains in place. 

Hearing History

History of Hearings for Sasikumar Ramasamy

Date Panel Hearing type Outcomes / Status
01/11/2023 Conduct and Competence Committee Final Hearing Struck off
14/08/2023 Conduct and Competence Committee Final Hearing Adjourned
26/06/2023 Conduct and Competence Committee Final Hearing Adjourned part heard
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