James Frederick Cladingboel

Preliminary issues

Application to amend the Allegation

1. Ms Atkin, on behalf of the HCPC, made an application to amend the Allegation to remove duplication in the wording. The Registrant was notified of the proposed amendment on 21 March 2024.

2. Ms Thomas, on behalf of the Registrant did not oppose the proposed amendment.

3. The Panel accepted the advice of the Legal Assessor. The Panel has the discretion to make amendments to the Allegation, but must first consider whether the proposed amendments create any unfairness for the Registrant.

4. The Panel agreed the proposed amendments. They are minor, do not alter the substance of the Allegation, and do not prejudice the Registrant.
Hearing in private

5. Ms Thomas made an application for the entire hearing to be heard in private to protect the Registrant’s private life. She submitted that all aspects of the submissions and evidence were inextricably linked with the Registrant’s mental health.

6. Ms Atkin informed the Panel that the HCPC was neutral. She invited the Panel to carefully balance the public interest in open justice and the Registrant’s interests in protecting his private life. The Panel should consider the alternatives to conducting the entire hearing in private, including the option of hearing part of the case in private.

7. The Panel accepted the advice of the Legal Assessor and had regard to the guidance in the HCPTS Practice Note “Conducting Hearings in Private”. The Panel has the power to hear either all or part of the hearing in private under Rule 10(1)(a) of the Health Professions Council (Conduct and Competence Committee)(Procedure) Rules 2023. There is a public interest in open justice and the Panel should carefully balance the public interest against the Registrant’s interests in protecting his private life.

8. The Panel agreed to Ms Thomas’ application and decided that it was appropriate to hear the entirety of the case in private. The Panel considered the possibility of hearing part of the case in public, but decided that it was not realistic to separate parts of the case that could be heard in public. The evidence relating to events surrounding the Registrant’s alleged conduct on 12 July 2021 and exploration of issues relating to his current behaviour, would involve extended and repeated references to details of the Registrant’s health. The Panel also decided that the application made by Ms Thomas should be in private because it included references to details of the Registrant’s health and family life.

9. The Registrant’s misconduct was limited, in that it was confined to a short period of time. In the Panel’s view it would be inappropriate to describe the Registrant’s illegal behaviour as “minor”. However, in relation to other cases, and when taking into account the context and circumstances, the Panel’s view was that the Registrant’s misconduct was at the lower end of the scale of seriousness. This case is very different from those involving illegal substance dependency or those where a registrant has been found to be in possession of illegal substances for recreational purposes.

ORDER: The Registrar is directed to annotate the Register entry of Mr James Frederick Cladingboel with a Caution which is to remain on the Register for a period of 24 months from the date this Order comes into effect.

No notes available

History of Hearings for James Frederick Cladingboel