David J Riches

SUMMARY
Decision of the Health and Care Professions Tribunal, sitting as the Health Committee of the Health and Care Professions Council.

Preliminary Matters

Service

1. The Panel had evidence that by email dated 14 February 2024, the Registrant was sent a Notice of hearing letter informing him of today’s hearing. That Notice of Hearing letter included details of the time and mode of this hearing. The Panel also had evidence that the address to which this email had been sent was the same as the one registered by the Registrant with the HCPC.

2. It was submitted by the HCPC that there had been good service in accordance with the rules. The Panel accepted the advice of the Legal Assessor on this issue of service. After careful perusal of the service documentation the Panel concluded that there had been good service.

Proceeding the absence of the Registrant

3. The Panel was invited by the HCPC to proceed in the Registrant’s absence. The Panel had before it in the bundle a variety of communications from the Registrant which support the position that he did not intend engaging in the hearing process. There had been no application for an adjournment and there is no evidence to support the view that the Registrant would be any more likely to attend should this matter be delayed. Indeed, given the nature of the application, which is in his interests, the Registrant is unlikely to object to the hearing proceeding in his absence.

4. The Panel sought and accepted the Legal Assessor’s advice and referred to the Practice Note relating to proceeding in absence. The Panel noted that the Registrant had, in his response to the ICP, stated clearly that he would not engage in the hearing process, and had taken medical and legal advice on this issue of his non-engagement. The Registrant has subsequently been recorded as stating that he would not attend a hearing and so the Panel concluded that nothing would be gained by adjourning for him to be able to attend at a future date. Further, from the correspondence before the Panel it is clear, that the subject of today’s hearing is one which the Registrant wishes to be addressed. There is also public interest in this matter proceeding without further delay. This being the case, the Panel decided to proceed in the Registrant’s absence.

In private

5. The HCPC applied for the hearing to be heard in private session, as the matters before this Panel relate extensively to the Registrant’s health. It was submitted that the Registrant’s right to a private life in this instance outweigh the public interest in open justice.

6. The Panel was directed by the Legal Assessor to the Health and Care Professions Council (Health Committee) (Procedure) Rules 2003, which at Rule 10(1)(a) stated, that all hearings should be held in public unless the Committee considers that in the interests of a registrant, the public should be excluded.

7. The Panel considered that the issues before it and which are set out in the documentation are almost exclusively about the Registrant’s health and as such it would be difficult for those matters not to be referred to and brought into the public arena. This being the case, the Panel decided that the whole of the hearing would be held in private session.

17. The Panel has accepted the HCPC’s Application and approves the terms of the Consent Order and signing of a Withdrawal Notice.

No notes available

History of Hearings for David J Riches