Elaine Moore

Preliminary Matters

1. The Panel has been convened to undertake a review of a substantive suspension order imposed in respect of the Registrant, Ms Elaine Moore, a Hearing Aid Dispenser.

Notice of hearing

2. The Panel was satisfied that the email sent to the Registrant on 22 October 2024, informing her of the date and time of this hearing, as well as the fact that it was proposed that the hearing would be conducted remotely by the use of Microsoft Teams, constituted good service of the notice of hearing.

Proceeding in the Registrant’s absence

3. After the Panel stated that it was satisfied that a valid notice of hearing had been sent to the Registrant, the Presenting Officer applied for a direction that the hearing should proceed in the Registrant’s absence.

4. The Panel accepted the advice of the Legal Assessor and heeded the guidance contained in the HCPTS Practice Note entitled, “Proceeding in the Absence of the Registrant”. Having carefully considered the matter, the Panel concluded that the hearing should proceed in the absence of the Registrant. The reasons for this decision were as follows:

• It appeared that the Registrant has disengaged from participation in this fitness to practise process. She did not participate in the final hearing after it was adjourned for further medical evidence to be obtained as a result of the case she advanced before the adjournment. No fewer than 29 unsuccessful attempts were made to communicate with the Registrant during the period of this adjournment. Furthermore, she has not responded to communications relating to this hearing. In addition to the notice of hearing sent on 22 October 2024, an email was sent to the Registrant by the Presenting Office on 6 November 2024 and emails sent by the Hearings Officer on 14 November 2024 and 19 November 2024.

• It follows from the absence of any response from the Registrant that there are no grounds on which the Panel could conclude that she would participate to a greater extent in the future if the hearing did not proceed at the present time.

• Quite apart from the general importance of cases being dealt with expeditiously, there is a particular public interest in this case. For there to be jurisdiction for a panel to consider whether a further order should be made, it is necessary that the review should take place before the present suspension order expires. As the present order expires on 19 December 2024, the HCPTS would be hard pressed to re-schedule another hearing before that date, given that it would be necessary to give notice of not less than 28 days.

• For all these reasons, any disadvantage to the Registrant arising from her absence is outweighed by the public interest considerations weighing in favour of the hearing continuing.
Application to hold the hearing in private

5. Before explaining the case to the Panel, the Presenting Officer applied for a direction that the entire hearing should be held in private. The basis for that submission was that the case is one before the Health Committee and is wholly concerned with the Registrant’s health. That being so, it was submitted that the direction sought is required to protect the Registrant’s private life.

6. The Panel having taken and accepted advice from the Legal Assessor, and having regard to the relevant Practice Note, agreed to make the direction sought for the reasons advanced by the Presenting Officer.

ORDER: The Registrar is directed to suspend the registration of Elaine Moore for a further period of 12 months on the expiry of the existing Order.

The Order imposed today will apply from 19 December 2024.
This Order will be reviewed again before its expiry on 19 December 2025.

History of Hearings for Elaine Moore