Anesu Dodzo
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Allegation
Your fitness to practise is impaired by reason of your physical and/or mental health.
Finding
Service
1. The Panel was provided with a copy of an email attaching the Notice of Hearing sent by the HCPC to the Registrant’s registered email address on 2 September 2024.
2. The HCPC had also obtained a delivery confirmation email from the same date, a copy of which was seen by the Panel. The Panel noted that a follow up email had been sent to the Registrant on 12 September 2024 to both her previous registered email address and her current registered email address. However, it was clear that the Notice of Hearing had been sent on 2 September 2024.
3. Accordingly, the Panel found that the Registrant had been served with the Notice of Hearing in accordance with Rule 3 of the HCPC (Health Committee) (Procedure) Rules 2003 (the Rules) and that she had been given 28 days’ notice in accordance with Rule 6 of the Rules.
Proceeding in Absence
4. The HCPC applied for the matter to proceed in the Registrant’s absence in accordance with Rule 11. It was submitted that all reasonable steps had been taken to notify the Registrant of the hearing. There was no evidence to suggest an adjournment would serve any purpose or ensure the Registrant’s attendance at a later date.
5. It was explained that the Registrant had not engaged with the HCPC since 9 May 2022, when she sent an email updating the HCPC as to her contact details. It was submitted that the case must be reviewed before the order expires.
6. The HCPC highlighted the cases of R v Jones (Anthony William) HL 20 Feb 2002 and Adeogba. Accordingly, the HCPC submitted that it was fair, proportionate and in the interest of justice to proceed in the absence of the Registrant.
7. The Legal Assessor explained the contents of Rule 11 and referred the Panel to the HCPTS Practice note ‘Proceeding in the absence of the Registrant’ dated June 2022. She also summarised the relevant case law, which refers to the need for expedition and the factors to be taken into account when deciding whether to proceed in absence. The cases referred to included GMC v Adeogba (2016) EWCA Civ 162, Jatta v NMC (2009) EWCA Civ 824 and R v Jones (Anthony William) HL 20 Feb 2002.
8. The Panel found that the Registrant had attended hearings before, and so it was reasonable to assume that she understood the process. It acknowledged there was some disadvantage to the Registrant in proceeding in her absence. However, in this matter the HCPC had gone above and beyond its statutory requirements in sending a further reminder email to the Registrant’s registered email address and her previous registered email address on 12 September 2024.
9. The Registrant had not responded to the HCPC or requested an adjournment. The Panel had no information before it to suggest that that an adjournment would ensure her attendance at a future date. This matter had been in existence for nearly eight years and the seventh review needed to take place before the expiry of the current order on 2 November 2024.
10. Accordingly, the Panel found that any disadvantage to the Registrant was outweighed by the necessity to protect the public and to review the current order. It appeared that the Registrant had waived her right to attend, and the Panel decided to proceed in her absence.
Proceeding in Private
11. The HCPC applied for the entirety of the proceedings to be heard in private. The matters related to the Registrant’s health issue and as such she was entitled to privacy in accordance with Rule 10 (1).
12. The Panel heard legal advice. It was mindful of the principle of open justice. However, it found that the specific facts of the allegation related directly to the Registrant’s health and accordingly it determined that the entirety of the proceedings should be heard in private.
Order
ORDER: The Registrar is directed strike the name of Miss Anesu Dodzo from the Register from the date this Order comes into effect.
The Order imposed today will apply from 2 November 2024.
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.
Hearing History
History of Hearings for Anesu Dodzo
Date | Panel | Hearing type | Outcomes / Status |
---|---|---|---|
30/09/2024 | Health Committee | Review Hearing | Struck off |
22/04/2022 | Health Committee | Review Hearing | Conditions of Practice |
28/09/2021 | Health Committee | Review Hearing | Suspended |
26/10/2020 | Health Committee | Review Hearing | Conditions of Practice |
24/04/2020 | Health Committee | Review Hearing | Suspended |