Mr Andrew Edwards

Preliminary Matters

Service

1. The Panel noted that the Health and Care Professions Council (Conduct and Competence Committee) (Procedure) Rules 2003 (‘the Rules’) provide at paragraph 3(1)(b) that notice of a hearing may be served on a registrant by posting it to their address as it appears in the register or sending it to an electronic mail address provided by the registrant for communications. Paragraph 6(2) of the Rules confirms that at least 28 days notice of a hearing must be provided to a registrant.

2. The Panel was provided with a 6 page Service Bundle which contained a notice of hearing, sent to the Registrant on 21 June 2024 via email at 15:33. The Registrant attended the hearing.

3. The Panel was satisfied that the notice of hearing had been duly served upon the Registrant via his email address more than 28 days before the hearing. It was content that the HCPC had discharged its duty as set out at Article 31(15) of the Health Professions Order 2001 (‘the Order’) and the hearing could therefore proceed.

Proceeding in Private

4. The Presenting Officer applied for the entirety of the hearing to be conducted in private, submitting this was necessary to protect sensitive information provided to the Panel in respect of the Registrant’s health. He told the Panel that it was required to protect the Registrant’s private information when considering the regulatory matters. Although all efforts should be made to hear matters in public, given the extent to which the private information was intertwined throughout this case, the Presenting Officer submitted that it would not be feasible or conducive to the efficient disposal of this case to constantly move between having the hearing in private and in public.

5. The Panel received legal advice, which it applied, and was referred to both the Practice Note – Conducting Hearings in Private – and the provisions of Article 6(1) of the European Convention on Human Rights. The Panel was content that it was appropriate and in the interests of justice for consideration of the entirety of this case to be conducted in private for the purpose of protecting the private information relating to the Registrant’s health.

The Registrar is directed to annotate the HCPC Register to show that, for a period of 12 months from the date that this Order takes effect (“the Operative Date”), you, Mr Andrew Edwards, must comply with the following conditions of practice:

1. Within 14 days of commencing employment which requires professional registration (paid or unpaid), you must complete appropriate training specific to the role for which you are engaged to provide professional services.

2. You must place yourself and remain under the indirect supervision of a workplace supervisor registered by the HCPC or other appropriate statutory regulator and supply details of your supervisor to the HCPC within 7 days of commencing employment which requires professional registration (paid or unpaid). You must attend upon that supervisor as required and follow their advice and recommendations for a period of not less than 3 months.

3. You must inform the HCPC within seven days if you take up work requiring professional registration.

4. You must inform the following parties that your registration is subject to these conditions:

a. any organisation or person employing or contracting with you to undertake work requiring professional registration;
b. any agency you are registered with or apply to be registered with to undertake work requiring professional registration (at the time of application);
c. any prospective employer for work requiring professional registration (at the time of your application);
d. any organisation through which you are undertaking professional training;
e. any healthcare professional involved with your current treatment for:

i. redacted;
ii. redacted
iii. redacted.

5. You must allow the HCPC to share, as necessary, details about your performance, compliance with, and / or progress under these conditions with:

a. any organisation or person employing or contracting with you to undertake work requiring professional registration;

b. any agency you are registered with or apply to be registered with to undertake work requiring professional registration (at the time of application);

c. any prospective employer for work requiring professional registration (at the time of your application);

d. any organisation through which you are undertaking professional training;

e. any medical professional involved with your current treatment for:

i. redacted;
ii. redacted
iii. redacted.

f. the occupational health provider for your current employer or contracting body.

Interim Order

Application

6. The Presenting Officer applied for an Interim Order on the same terms as the substantive order imposed by the Panel to protect the public.

7. The Registrant did not object to the application for an Interim Order.

Decision

8. The Panel received advice from the Legal Assessor and was invited to consider the guidance on interim orders following a substantive order as contained within the Sanctions Policy. The Panel also took account of the Practice Note in relation to Interim Orders.

9. The Panel was satisfied the Registrant was aware that an Interim Order could be applied for, having been informed of the possibility of the same during the hearing.

10. Given that the findings of the Panel in relation to the serious offence committed by the Registrant, the aggravating features of the same and the risk posed to the public which led it to conclude that an Interim Conditions of Practice Order was the most proportionate way of adequately safeguarding the public, the Panel was content that an Interim Order pursuant to Article 31 of the Order is necessary and proportionate. The Panel has set out the reasons for its finding of impairment within the body of this decision and considers that public confidence in the profession and the regulatory process would be seriously harmed if the Registrant was allowed to remain in practice on an unrestricted basis pending expiry of the appeal period. Whilst the imposition of an Interim Order may have an immediate and detrimental impact upon the Registrant, this impact cannot be prioritised over the need to protect the public and the wider public interest while the regulatory concerns are addressed.

11. The Panel considered that the appropriate order to impose would be a Conditions of Practice Order in the same terms as the substantive order, for the same reasons. It then gave consideration to the length of the order, noting that 18 months is the maximum period and should not be a default length of Interim Order. It was satisfied that the Interim Order should be imposed for a period of 15 months in this case given that, if an appeal is submitted, there is considerable backlog within the courts administering appeals. The Interim Order will fall away in the event that no appeal is lodged to the substantive Conditions of Practice Order.

12. The Panel therefore makes an Interim Conditions of Practice Order under Article 31(2) of the Order, the same being necessary to protect members of the public and otherwise in the public interest.

13. This order will expire:

a. 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;
b. if an appeal is made against the Panel’s decision and Order, upon the final determination of that appeal, subject to a maximum period of 18 months.

Discontinuance of Particular 2 (the health allegation)

Submissions

14. Having concluded the regulatory process in relation to Particular 1, which it was able to deal with as a Conduct and Competence Committee, the Panel then turned to the outstanding issue of Particular 2, mindful it could not determine this allegation as it was not a Health Committee. The Panel invited submissions from the parties as to the appropriate disposal of Particular 2.

Reconstitution as Health Committee Panel.

15. The primary allegation having been concluded and the secondary allegation having been cross-referred to a Health Committee for discontinuance, the Panel reconstituted itself as a panel of the Health Committee to consider the discontinuance of the remaining health allegation, Particular 2.

Decision

16. The Panel therefore decided to allow the application to discontinue the health allegation and conclude these proceedings.

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 Order, 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.

History of Hearings for Mr Andrew Edwards