David Goodman

Profession: Operating department practitioner
Registration Number: ODP11135
Hearing Type: Voluntary Removal Agreement
Date and Time of hearing: 10:00 09/04/2024 End: 17:00 09/04/2024
Location: Virtually Via Video Conference
Panel: Health Committee
Outcome: Voluntary Removal agreed

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Allegation Finding Order Notes Hearing History

Allegation

As a registered Operating Department Practitioner ODP11135 your fitness to practise is impaired by reason of your misconduct and/or conviction and/or health condition. In that:  

 

 

  1. On 22 July 2022 at Teesside Magistrates’ Court you were convicted of driving a motor vehicle after consuming so much alcohol that the proportion of it in your breath, namely 121 microgrammes of alcohol in 100 millilitres of breath, exceeded the prescribed limit, contrary to section 5(1)(a) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988, on 7 July 2022.

 

  1. You did not inform the HCPC in a timely manner that you had been convicted of the offence at allegation 1 above. 

  

  1. When you submitted your registration renewal on 26 October 2022 you stated there had been a change relating to good character but did not respond to HCPC’s request for further information. 

  

  1. Your conduct in relation to allegation 2 above was dishonest. 

  

  1. You have a physical and/or mental health condition as set out in Schedule A. 

  

  1. The matters described at allegations 2, 3 and/or 4 above constitute misconduct. 

  

  1. By reason of your misconduct and/or conviction and/or health condition your fitness to practise is impaired. 

   

Schedule A:  

  1. REDACTED

Finding

 

The Skeleton Argument
 
2. For the purposes of this hearing, the HCPC has submitted and the Panel has read, a Skeleton Argument signed by Capsticks LLP dated 13 March 2024 [the Skeleton Argument]. Ms O’Connor adopted the Skeleton Argument as the basis of her submission to the Panel.  
 
Service
 
3. The Panel has seen the Notice of today’s hearing dated 6 March 2024, which the HCPC sent by email to the Registrant at his registered email address. The Notice of Hearing made clear that this hearing would take place today as a virtual hearing. The Notice informed the Registrant of the time and date of this hearing. He was invited to make submissions. Delivery of the Notice was confirmed by an electronic message dated 6 March 2024 which the Panel has seen.
 
4. Having seen the relevant service documents and having heard and accepted the advice of the Legal Assessor, the Panel was satisfied that good service of the Notice of Hearing has taken place. 
 
Proceeding in the absence of the Registrant.
 
5. The Panel has seen an email dated 4 March 2024 from the Registrant to an employee of the HCPC. In that email, the Registrant stated that he had completed all the necessary paperwork in order to complete his voluntary removal from the Register and would not be attending any future hearing. 
 
6. Ms O’Connor on behalf of the HCPC, submitted that the Panel should consider the case in the absence of the Registrant.
 
7. The Panel heard and accepted the advice of the Legal Assessor.
 
8. The Panel was aware that a decision to proceed in the absence of the Registrant was one to be taken with great care and caution.  However, the Panel has decided to proceed in the absence of the Registrant. The reasons are as follows: 
 
• Service of the appropriate notice of this hearing has been properly effected.
• The Registrant has by his email dated 4 March 2024 stated that he would not be attending this or any future hearing.
• The Panel has kept in mind the guidance contained in the Practice Note issued by the HCPTS. 
• There is no reason to suppose that an adjournment would result in the future attendance of the Registrant.
• There is a public interest in proceeding in order to bring these proceedings to a conclusion, which is the wish of both the Registrant and the HCPC.
• The Panel cannot identify any prejudice to the Registrant that could arise from proceeding in his absence. 
• In these circumstances it is right to conclude that the Registrant has voluntarily absented himself.
 
Proceeding in private 
 
9. Ms O’Connor reminded the Panel that the Investigating Committee had transferred the Allegation to a Health Committee and that the Panel was sitting in that capacity. Ms O’Connor submitted that the entirety of this hearing should be conducted so as to ensure that matters relating to the health of the Registrant should remain private. She submitted that it would not be practicable for the Panel to hear this matter partly in private and partly in public.
 
10. Having heard and accepted the advice of the Legal Assessor the Panel determined that for the reasons expressed by Ms O’ Connor, the entirety of this hearing should be conducted in private. The determination of the Panel and the transcript of the hearing will be redacted to reflect this ruling.
 
 

 

Order

ORDER: The Registrar is directed to remove the name of Mr David Goodman from the Register with immediate effect.

Notes

No notes available

Hearing History

History of Hearings for David Goodman

Date Panel Hearing type Outcomes / Status
09/04/2024 Health Committee Voluntary Removal Agreement Voluntary Removal agreed
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