Benjamin Ashcroft-Highet

Preliminary Matters
Declaration of a possible conflict of interest
1. At the outset of the hearing, Dr Angela Brown, the Lay Panellist, disclosed
to the parties that, between 2002 and 2007, she worked as a Patient
Experience Lead Manager at the Tees East and North Yorkshire
Ambulance Service Trust (‘TENYAS’). TENYAS was reconfigured, and
two Trusts were thereafter created, one being the North East Ambulance
Service NHS Foundation Trust (‘the Trust’). The Trust investigation had
formed the basis of these proceedings. Dr Brown confirmed that she had
not worked for the Trust, nor did she know any of the witnesses or the
Registrants in any capacity.

2. No issue or objection was taken by any party in relation to Dr Brown’s
continued participation in the hearing based on the disclosure.

3. The Panel accepted the advice of the Legal Assessor and was mindful of
the cases of Porter v Magill [2002] 2 AC 357 and Helow v Secretary of
State for the Home Department [2008] UKHL 62.

4. On the basis of the information disclosed, the Panel concluded that a fairminded and informed observer would not conclude that there was a possibility of bias in the proceedings by Dr Brown’s continued participation
in the hearing.

Application for private hearing
5. Ms O’Connor made an application to the Panel for the entirety of the
hearing to be conducted in private. The application was advanced on two
bases. The first basis, given the highly sensitive nature of the evidence,
was to protect the private life of Colleague A. The second basis was to
protect the private lives of each Registrant, as it was anticipated that
health matters would be raised in the course of the hearing.

6. Given the nature of the Allegations, and the fact that they were inextricably
linked to the evidence, Ms O’Connor submitted that the hearing should be
held entirely in private. Ms O’Connor further submitted, for the same
reasons, that it would be impracticable for the Panel to move into and out
of private session.

7. Ms Renou and Mr Halliday had no objection to Ms O’Connor’s application.

8. The Panel accepted the Legal Assessor’s advice and had regard to the
HCPTS Practice Note, ‘Conducting Hearings in Private’.

9. The Panel considered whether it would be possible to convene only partly
in private. This was because the Panel felt it was important to raise
awareness, both within the profession and the wider public, of the issues
to which this case had given rise. Having carefully balanced this
consideration with the interests of Colleague A and the health matters
which might be raised by the Registrants, the Panel concluded that, for
the reasons advanced by Ms O’Connor, such an approach would be
impracticable.

10. The Panel therefore acceded to Ms O’Connor’s application and decided
that it was appropriate for the entirety of the hearing to be conducted in
private.

Order: The Registrar is directed to annotate the register entry of Mr
Benjamin Ashcroft-Highet with a Caution Order for a period of four years

No notes available

History of Hearings for Benjamin Ashcroft-Highet