Yannick Jean-Francois Raimbault

Facts proved: 1 and 2
Facts not proved: N/A
Grounds: Misconduct
Fitness to Practise Impaired: Yes

Preliminary Matters

Service

1. The Panel was satisfied by the documents contained in the service bundle that the Registrant had been properly served with notice of today’s hearing by email dated 10 August 2023 in accordance with the Health and Care Professions (Conduct and Competence Committee) (Procedure) Rules 2003, as amended (the Rules).

Proceeding in the absence of the Registrant
2. Mr Moran made an application under Rule 11 of the Rules for the hearing to proceed in the Registrant’s absence. He referred the Panel to the Telephone Attendance Note dated 12 October 2023 recording a conversation between the Registrant and Capsticks Solicitors on behalf of the HCPC in which the Registrant stated that he had moved abroad, had no intention of continuing to practise as a Paramedic and would not be attending the hearing. Mr Moran submitted that the Registrant had voluntarily absented himself from the hearing and waived his right to attend. Mr Moran submitted that it was in the public interest that the proceedings should be determined without further delay.

3. The Panel had regard to the HCPTS Practice Note on “Proceeding in the Absence of the Registrant” and accepted the advice of the Legal Assessor. The Panel took into account fairness to the Registrant and the public interest in determining the proceedings without undue delay and had regard, in particular, to the following:
• The allegations related to matters which had taken place in November 2021 and concerned an alleged sexual assault on a work colleague of the Registrant. In the Panel’s judgement it would be undesirable for there to be a further significant delay before concluding proceedings which had implications for public protection and the wider public interest;
• The alleged victim of the sexual assault, Colleague A, was deemed to be a vulnerable witness, who, so far as practicable, should be spared the potential anxiety and distress which were likely to result from further delay in concluding proceedings;
• The Registrant had not applied for an adjournment and made it clear in his telephone call with Capsticks referred to above that he had no intention of attending the hearing;

4. The Panel was satisfied that the Registrant had voluntarily absented himself from the hearing and that no useful purpose would be served by adjourning the hearing to another date as there was no likelihood that the Registrant would attend in the future.

5. Whilst there was a slight risk that the Registrant would be prejudiced by his absence, he had made that choice. The Panel concluded that it was in the public interest and in the interests of justice that the hearing should proceed in the Registrant’s absence.

Hearing in private
6. Mr Moran made an application for the entire evidence of Colleague A to be heard in private, on the grounds that she was a vulnerable witness within the meaning of Rule 10A(1)(e) and also that there would be references to her private life and health. He submitted that any reference to her private life or health made in other evidence or submissions should also be heard in private.

7. The Panel took into account the HCPTS Practice Note on “Conducting Hearings in Private” and accepted the advice of the Legal Assessor. The Panel granted Mr Moran’s application on the grounds advanced by him.

ORDER: The Registrar is directed to remove the name of Mr Yannick Jean-Francois Raimbault from the Register.

Right of Appeal:
You may appeal to the appropriate court against the decision of the Panel and the order it has made against you. In this case the appropriate court is the High Court in England and Wales.
Under Articles 29 and 38 of the Health and Social Work Professions Order 2001, an appeal must be made to the court not more than 28 days after the date when this notice is served on you. The Order made against you will not take effect until that appeal period has expired or, if you appeal during that period, until that appeal is disposed of or withdrawn.

Interim Order
8. Mr Moran made an application for an Interim Suspension Order for a period of 18 months to cover the appeal period or until any appeal lodged has been determined.
9. The Panel noted Mr Moran’s submissions and accepted the advice of the Legal Assessor.
10. Given the Panel’s decision to impose a Striking Off Order, it would be inconsistent with the need for public protection and the wider public interest not to impose some form of interim order. The Panel, for the same reasons it identified above, came to the conclusion that it is impracticable and inappropriate to formulate interim conditions of practice in this instance.
11. The Panel therefore makes an Interim Suspension Order under Article 31(2) of the Health and Social Work Professions Order 2001, the same being in the public interest, having regard to the Panel’s findings of fact and determination as to impairment and sanction.

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. This Interim Suspension Order is made for the maximum period of 18 months.

History of Hearings for Yannick Jean-Francois Raimbault