Beverly Yardley
Please note that the decision can take up to 5 working days to be uploaded onto the HCPTS website. Please contact one of our Hearings Team Managers via tsteam@hcpts-uk.org or +44 (0)808 164 3084 if you require any further information.
Allegation
As a registered Physiotherapist (PH34657) your fitness to practise is impaired by reason of a health condition in that:
1. You have a physical and/or Mental health condition as set out in Schedule A.
2. By reason of your health, your fitness to practise is impaired.
Schedule A
Redacted
Finding
Service
1. The Panel was provided with a service bundle containing:
• Notice of Hearing letter addressed to the Registrant dated 31 May 2024
• Email delivery receipt dated 31 May 2024 (2:56 PM (UTC+01:00)
• Certificate of Registration (dated 31 May 2024) detailing the Registrant’s email address.
2. The Panel heard and accepted the advice of the Legal Assessor.
3. The Panel was satisfied that the notice of hearing had been sent to the Registrant’s registered email address, giving adequate notice of the date, time and venue (virtual) of the hearing, and its purpose. Therefore, there had been good service of the notice of hearing.
Privacy Application
4. Ms Bernard-Stevenson applied for the hearing to proceed in private as the case relates solely to the Registrant’s health.
5. The Panel heard and accepted the advice of the Legal Assessor, who advised that in accordance with the overarching principle of open justice the normal position is that hearings are conducted in public so that the public are aware of the functions being carried out by the Regulator. However, the hearing could be heard wholly or partly in private where to do so was necessary in the interests of justice or to protect the private life of the Registrant.
6. The Panel was satisfied that based on the nature of the information before it, it was necessary to hold the whole of the hearing in private. The Panel was satisfied that in order to protect the private life of the Registrant on matters which relate to her health the hearing should be in private. It was satisfied that such matters justified the departure from the general rule that hearings should be held in public.
Proceeding in Absence
7. Ms Bernard-Stevenson applied for the hearing to be conducted in the absence of the Registrant, in accordance with the requirement to deal with cases expeditiously, bearing in mind this Allegation dates back to 2020.
8. Ms Bernard-Stevenson submitted that the Registrant’s absence was deliberate and voluntary and that adjourning the hearing would not result in the Registrant attending at a later date.
9. Ms Bernard-Stevenson referred the Panel to two emails sent by the Registrant to the HCPTS Hearings Officer.
At 14:19 on 22 July 2024, the Registrant emailed the Hearings Officer stating:
‘Hello I will now attending the hearing due to physical and visual difficulties, I have explained this. I will not be represented I have been sent a paper copy of the hearing bundles. Will you inform me of the outcome.’
At 14:36 on 22 July 2024, the Registrant followed up her previous email stating:
‘Sorry sent it without all info To confirm , I will not be attending I will not be submitting any further information or calling any witnesses.’
10. Ms Bernard-Stevenson submitted that it would be in the Registrant’s own interest for the hearing to proceed in her absence, as she has commented in previous correspondence about the stress and anxiety the HCPC process is causing her.
11. The Panel heard and accepted the advice of the Legal Assessor who advised that the Panel’s discretion to proceed in the Registrant’s absence should only be exercised with the utmost care and caution. The Panel took into account the guidance as set out in the HCPTS Practice Note, ‘Proceeding in the Absence of the Registrant’ dated June 2022.
12. The Panel was satisfied that the Registrant was aware of today’s hearing as it had found effective service. The Panel had regard to the Registrant’s emails dated 22 July 2024 confirming that she would not be attending and asking for the outcome to be sent to her.
13.In the circumstances, the Panel decided that the Registrant had voluntarily and deliberately absented herself from the hearing today. The Registrant had not sought an adjournment of the hearing and there was no indication from her that she would be willing or able to attend on an alternative date. Therefore, re-listing this hearing would be unlikely to secure her attendance.
14.The Panel recognised that there may be some disadvantage to the Registrant in not being able to make submissions at the hearing. However, the Panel considered that this was mitigated as the substantive part of the application is not opposed by the Registrant, who is seeking removal from the Register.
15. The Panel took into account the length of time these proceedings have been ongoing and concluded that it was in the public interest as well as the Registrant’s own interest to conclude the proceedings expeditiously without any further delay. The Panel therefore determined to proceed in the absence of the Registrant.
Order
ORDER: The Panel grants the application for voluntary removal and directs the Registrar to remove the name of BEVERLY YARDLEY from the Register with immediate effect.
Notes
No notes available
Hearing History
History of Hearings for Beverly Yardley
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 26/07/2024 | Health Committee | Voluntary Removal Agreement | Voluntary Removal agreed |