
Peter Upton
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Allegation
As a registered Operating Department Practitioner your fitness to practise is impaired by reason of your health. In that:
You have physical and/or mental health condition as specified in Schedule A.
By reason of your physical and/or mental health fitness to practise is impaired.
Schedule A:
* Private
Finding
Preliminary Matters
Service
1. The Panel was provided with a copy of a notice sent to the Registrant by email at his registered email address setting out details of today’s substantive review hearing dated 18 November 2024. The notice of hearing specified the date, time, and purpose of today’s hearing.
2. The Panel was satisfied that the notice of hearing was sent by email to the Registrant on 18 November 2024. The Panel was provided with a copy of the HCPC Certificate of Registration, which confirmed the Registrant’s email address registered with the HCPC dated 18 November 2024.
3. The Panel accepted the advice of the Legal Assessor.
4. The Panel was satisfied that good service of the notice of hearing had been effected in accordance with Rule 3 and 13 of the Health and Care Professions Council (Health Committee) (Procedure) Rules 2003 as amended (the Rules).
Application for the Hearing to be conducted in private
5. Mr Anderson, on behalf of the HCPC, applied for this matter to be heard entirely in private as it relates to issues surrounding the Registrant’s health. He referred the Panel to Rule 10(1)(a) of the Health and Care Professions Council (Health Committee) (Procedure) Rules 2003 and submitted that while the Rules provide that fitness to practise proceedings should ordinarily be held in public, the Panel has the discretion to exclude the press or the public from all or part of a hearing in appropriate cases, where it’s in the interests of justice to do so; or where it is done to protect the private life of the Registrant or any other relevant party.
6. Mr Anderson referred the Panel to the HCPTS Practice Note Conducting Hearings in Private which expanded on the Rules by reference to the open justice principle and the Panel’s discretion to conduct part or all of the hearing in private in appropriate cases including cases which involved the Registrant’s health and private life. Proceedings should be held in public, in accordance with Article 6 of the European Convention on Human Rights (ECHR), unless to do otherwise is necessary in the interests of justice or to protect the Registrant’s Article 8 rights to respect for his private life.
7. Mr Anderson submitted that it would not be practical for the hearing to be conducted partly in private and partly in public as the Registrant’s health is central to the matters under review. Therefore, it would be appropriate for the Panel to exercise its discretion and to decide that the entirety of this hearing should be considered in private to protect the Registrant’s private life. The Panel accepted the advice of the Legal Assessor and had regard to Rule 10 (1)(a) and the HCPTS Practice Note on Conducting Hearings in Private.
8. The Panel determined that as the material within the bundle is sensitive and is linked to the patient’s health, it engages the Registrant’s Article 8 rights to respect for his private life. It was not practical, the Panel concluded, to separate out any parts of the hearing that might be in public without a substantial risk of damaging those rights. Accordingly, the Panel decided that the entire hearing must be held in private. The Panel concluded that the interests of justice outweighed the general public interest in holding this hearing in public.
Order
ORDER: The Registrar is directed to annotate the register entry of Mr Peter Upton with a Suspension Order for a period of 6 months from the date this Order comes into effect.
Notes
The Order imposed today will apply from 16 January 2025.
This Order will be reviewed again before its expiry on 16 July 2025.
Hearing History
History of Hearings for Peter Upton
Date | Panel | Hearing type | Outcomes / Status |
---|---|---|---|
18/12/2024 | Health Committee | Review Hearing | Suspended |
14/12/2023 | Conduct and Competence Committee | Review Hearing | Suspended |
16/01/2023 | Health Committee | Consent Order Hearing | Conditions of Practice |