Rose Thorn
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Allegation
As a registered Arts Therapist (AS03417) your fitness to practise is impaired by reason of misconduct. In that:
1. At a time between January 2020 and May 2020, you breached professional boundaries with Service User A in that you entered into a romantic relationship with them.
2. On 8 May 2020, you breached professional boundaries with Service User A by carrying out the conduct listed in Schedule A.
3. Your conduct in relation to particular 2 above was sexual in nature.
4. The matters set out in particulars 1 to 3 above constitute misconduct.
5. By reason of your misconduct your fitness to practise is impaired.
Schedule A
1. You asked Service User A to sit on your lap.
2. You kissed Service User A.
3. You touched Service User A beneath her clothing.
4. You placed your hand inside Service User A’s bra.
Finding
Preliminary Matters:
Privacy
1. Mr Harris applied for the entirety of the hearing to be heard in private. He accepted that this was an unusual application in that Service User A (“SUA”) had been granted anonymity. However, he relied on the remarks made by SUA in an email.
2. Mr Thomas supported the application on the basis advocated by SUA.
3. The Panel accepted the advice of the Legal Assessor who advised on Rule 10(1) of the Health Professions Council (Conduct and Competence Committee)(Procedure) Rules 2003 as amended. The Panel concluded that it would be right for the entirety of the hearing to be held in private to protect the private life of SUA.
4. Accordingly, the Panel decided that the entirety of the hearing should be heard in private.
Decision:
5. Accordingly, the Panel considered that this case is suitable for disposal by way of consent in the way suggested and approved the proposed order.
Decision on Disposal by Consent:
Consent is granted.
Order
That the Registrar is directed to strike the name of Rose Thorn from the Register on the date this order comes into effect.
Notes
Right of Appeal
You may appeal to the High Court in England and Wales against the Panel’s decision and the order it has made against you.
Under Article 29(10) of the Health Professions Order 2001, any appeal must be made within 28 days of the date when this notice is served on you. The Panel’s order will not take effect until the appeal period has expired or, if you appeal, until that appeal is disposed of or withdrawn.
Interim Order:
Application
Mr Harris applied for an Interim Suspension Order under Article 31(2) of the Health Professions Order 2001, to cover the period in which an appeal could be made by the Registrant should she choose to appeal. He submitted that this was needed to protect the public and was in the wider public interest.
Mr Thomas did not oppose the application.
Decision:
The Panel accepted the advice of the Legal Assessor. The Panel decided an Interim Order was necessary to protect members of the public and was otherwise in the public interest. The Allegation was serious and in the absence of evidence of remediation there was a real risk that the Registrant would repeat her actions and thereby cause harm to a member of the public. A member of the public, in possession of all the facts, would be shocked if the Registrant were permitted to practise unrestricted following the Striking Off order. The Panel concluded that Interim Conditions were insufficient in light of the gravity of the allegation and were unworkable.
In those circumstances the Panel concluded that an Interim Suspension Order for a period of 18 months was the appropriate and proportionate order.
Interim Suspension Order:
The Panel makes an Interim Suspension Order under Article 31(2) of the Health Professions Order 2001, the same being necessary to protect members of the public and being otherwise in the public interest.
This order will expire: (if no appeal is made against the Panel’s decision and Order) upon the expiry of the period during which such an appeal could be made; (if an appeal is made against the Panel’s decision and Order) the final determination of that appeal, subject to a maximum period of 18 months.
Hearing History
History of Hearings for Rose Thorn
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 18/03/2024 | Conduct and Competence Committee | Consent Order Hearing | Struck off |