Nigel North
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Allegation
As a registered Operating Department Practitioner (ODP11121):
1. On 13 November 2020, while you were an inpatient at Musgrove Park Hospital, you:
a) took medication, namely Diazepam, from your workplace, without authorisation or a prescription; and /or
b) self-administered medication, namely Diazepam without a prescription.
2. Your conduct set out in particular 1a and/or 1b was dishonest in that you took medication that did not belong to you, and which you knew you were not entitled to.
3. The matters set out in Particular 1a and/or 1b and/or 2 above constitute misconduct.
4. You have a physical and/or mental health condition as set out in Schedule A.
5. By reason of your misconduct and/or health your fitness to practice is impaired.
Schedule A
redacted
Finding
Preliminary Matters
Privacy application
1. Mr Ive, appearing on behalf of the HCPC, invited the Panel to conduct the parts of the hearing pertaining to the Registrant’s health, in private. He submitted that conducting the parts of the hearing in private would protect the Registrant’s right to a private life, whilst also balancing the public interest in a public hearing.
2. Mr Jaddoo, appearing on behalf of the Registrant, submitted that the entire hearing should be conducted in private as the matters to be raised before the Panel were inextricably linked to the Registrant’s health and it would not be possible for the Panel to move between public and private session.
3. The Panel accepted the Legal Assessor’s advice and it had regard to the HCPTS Practice Note on ‘Conducting Hearings in Private’ and the parties’ submissions. The Panel carefully considered the public interest grounds in the case being heard in public in respect of both parties’ applications.
4. The Panel considered the application and having done so, determined that the entire hearing should be conducted in private so as to preserve the Registrant’s right to a private life. The Panel noted that the matters to be raised before it, were linked to the Registrant’s health and it considered that it would not be feasible to move between public and private session. The Panel considered that the Registrant would suffer disproportionate damage if it did not conduct the entire hearing in private.
5. The Panel therefore ordered that the entire hearing be conducted in private.
Order
Order: The Registrar is directed to suspend the registration of Mr Nigel North for a period of 4 months from the date this Order comes into effect.
Notes
Interim Order:
The Panel makes an Interim Suspension Order under Article 31(2) of the Health Professions Order 2001.
For the same reasons given in its determination on sanction, the Panel concluded that an Interim Conditions of Practice Order would not be appropriate. It concluded that the only proportionate interim order was an Interim Suspension Order for the period of 18 months to cover any appeal period and was necessary for public protection and is otherwise in the public interest. The Panel has made a finding that the Registrant should not practice unrestricted for at least 4 months owing to his conduct. To make no order would be inconsistent with that finding. In forming this decision, the Panel had regard to the parties’ submissions, the Legal Assessor’s legal advice and the HCPTS Practice note titled ‘Interim Orders’.
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.
Mixed Allegation:
In view of the fact that the Panel had imposed a sanction as the Conduct and Competence Committee, Mr Ive invited the Panel to reconstitute itself as the Health Committee to direct that Particular 4 and the statutory ground of Health, outlined at Particular 5, be discontinued. Mr Jaddoo did not object.
The Panel considered the HCPTS Practice Note titled ‘Mixed Allegations’ and it accepted the Legal Assessor’s legal advice. It also had regard to the parties’ submissions. Having done so, the Panel considered that the public interest had been met and protected by its consideration of the Allegation as the Conduct and Competence Committee and therefore it agreed to discontinue Particulars 4 and 5, in respect of Health.
Hearing History
History of Hearings for Nigel North
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 20/11/2024 | Conduct and Competence Committee | Final Hearing | Suspended |