Sarah Downie

Profession: Biomedical scientist

Registration Number: BS73377

Hearing Type: Voluntary Removal Agreement

Date and Time of hearing: 10:00 24/01/2025 End: 17:00 24/01/2025

Location: Virtually via Video Conference

Panel: Conduct and Competence Committee
Outcome: Voluntary Removal agreed

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Allegation

As a registered Biomedical Scientist (BS73377):  

1. On 22 January 2020, you incorrectly mixed six samples and produced erroneous results. 

2. Between 09 August 2020 and 10 August 2020, for Service User A, you did not correctly manage a request for blood in that;

a. On 10 August 2020, you left the blood unit available for transfusion despite its expiration;

b. You did not record the expiry date of the blood unit on the handover sheet for your colleagues. 

3. On 24 November 2020, you issued the incorrect split of platelets for Service User B in that;

a. You selected the wrong split of platelets via LabCentre;

b. You did not check the bag and tag label to ensure the correct split had been selected. 

4. On 22 April 2021, you did not send antenatal patient, Service User C’s, sample to Royal Infirmary of Edinburgh for an anti-e antibody titre. 

5. The matters set out in Particulars 1 – 4 above constitute lack of competence. 

6. By reason of the matters set out above, your fitness to practise is impaired by reason of lack of competence

Finding

Preliminary Matters:

Application to conduct hearing partly in private

1. Ms Mosley on behalf of the HCPC applied to have parts of the hearing held in private where matters are raised in relation to the Registrant’s health. The application was made pursuant to Rule 10 (1) (a) of the Health Committee Procedure Rules 2003.

2. The Panel referred to Rule 10(1)(a) of the Conduct and Competence Committee (Procedure) 2003 Rules, which provides that:

"The proceedings shall be held in public unless the Committee is satisfied that, in the interests of justice or for the protection of the private life of the health professional ... the public should be excluded from all or part of the hearing".

3. The Panel, having taken advice from the Legal Assessor on the interests of justice and the protection of the private life of the Registrant, concluded that it was fair and appropriate to conduct parts of the hearing in private where reference is made to the Registrant’s health.

Background:

4. The Registrant is a Biomedical Scientist and was employed by NHS Borders (“the Trust”) between January 2019 and July 2019 as a trainee Biomedical Scientist.

5. During the Registrant's employment at the Trust, concerns were raised about her capability and, as a result, she was given an extended period of training. At the conclusion of that period it was determined that she was unsafe to work alone.

6. In July 2021, the HCPC received correspondence from the Trust asking for advice on how best to manage the Registrant, who was still unable to work independently following the extended period of training and a supported improvement plan. The Trust was advised to make a formal referral, which it did.

7. On 7 September 2023, an Investigating Committee Panel (“ICP”) considered the matter and found a case to answer. The ICP referred an allegation to the Conduct and Competence Committee (“CCC”). That allegation is set out in the Notice of Allegation dated 8 September 2023.

8. On 2 December 2024, a Conduct and Competence Panel considered the matter at a Voluntary Removal Agreement hearing. However, at the outset a typographical error was noted by the Panel as there was reference to a ‘conviction’ and a ‘health condition’, where neither were, nor ever had been, grounds for the impairment in the allegation brought by the HCPC. It was found that this reference to a conviction and/or health condition would be deeply confusing.

9. In the Panel’s view, the error identified was significant as the VRA was a legal deed and thus a public record, since reference to the ‘Deed’ was stated in express terms. The Panel considered that, for the HCPC to entitle the document with ‘Deed’ it was being treated as an important legal document. Therefore, in the Panel’s judgement, the document had to be accurate and reflect the admissions made by the Registrant. The Panel concluded that in its present form, it did not serve this purpose and made the VRA void and of no effect.

10. The amended Voluntary Removal Agreement was signed by the Registrant on 9 December 2024.

HCPC Submissions:

11. The HCPC’s oral submissions in support of the application for the approval of the VRA are also set out in the Skeleton argument dated 13 December 2024, which are set out below.

12. The HCPC submit that throughout the Trust’s investigation and the HCPC’s investigation, the Registrant has consistently requested and supported voluntary removal.

13. As part of the Trust’s attempts to support the Registrant, the Registrant was invited to apply for a different role at the Trust that did not require registration, namely as a Health Improvement Practitioner. The Registrant successfully applied for the position and has since confirmed that she was better suited to it. The Registrant has confirmed to the HCPC that she had no intention of returning to a laboratory position as she realised the environment was too difficult for her to manage.

14. In relation to the HCPC’s investigation, the Registrant provided the ICP with a statement in response to the allegation before it. In her statement she confirmed that she took responsibility for the mistakes she had made. She also indicated that she had reflected on her actions and come to the conclusion that she was not suited to her previous role and, as a consequence, would like to be removed from the HCPC Register. The Registrant accepted that she was not fit to practice as a registered Biomedical Scientist and would like her application to be removed from the Register to be progressed.

15. The Registrant has provided:

a. A signed consensual disposal request pro-forma dated 18 March 2024 in which she admitted the substance of the allegation and agreed that her fitness to practice is impaired by reason of lack of competence. In signing the pro-forma, the Registrant also confirmed that she has read the Health and Care Professions Tribunal Service (HCPTS) Practice Note Disposal of Cases by Consent (“the Practice Note”)

b. A signed voluntary removal agreement dated 9 December 2024

16. The HCPC has explained clearly to the Registrant that the decision to allow her to voluntarily remove herself from the Register is a decision made by a Panel of the Conduct and Competence Committee. The Registrant has confirmed her understanding of this. Accordingly, the HCPC submits that, in addition to the provision of this skeleton argument, it has satisfied the requirements of paragraph 4 of the Practice Note.

17. The HCPC submits that this matter is suitable for disposal by way of VRA because:

a. The Registrant admits the substance of the allegation, that it amounts to a lack of competency, and that her fitness to practise is impaired as a result.

b. Voluntary removal adequately protects the public. The Registrant would be removed from the HCPC register and would not be entitled to practise as a Biomedical Scientist. The Registrant’s personal circumstances are such that there is no realistic prospect of her seeking to return to practise in future. The Registrant has stated that her current role as a Health Improvement Officer, which does not require registration, is more suited to her. Moreover, she has been clear that she does not wish to work in a laboratory environment, which working as a Biomedical Scientist would involve. The Registrant has undertaken not to seek to return to the register within a period of five years. Should she attempt to do so at that point, she would have to demonstrate that she had fully remediated the concerns that give rise to her current impairment.

c. Voluntary removal is not detrimental to the wider public interest. No harm has resulted from the Registrant’s actions. The Registrant has fully engaged with the regulatory process and has been open as to the reasons for her wanting to leave the Register. She has shown insight by recognising she is unable to practise safely. In these circumstances, the public interest in maintaining public confidence in the professions and promoting proper professional standards is met by removing the Registrant from the register at the earliest opportunity.

18. In all the circumstances, the HCPC invited the Panel to approve the VRA and withdraw the proceedings in accordance with the voluntary removal agreement.

Registrant’s Submissions:

19. The Registrant expressed her gratitude to the Panel and to the HCPC in supporting her through the process and her thanks to her previous employer in assisting her with obtaining her new role.

20. The Registrant told the Panel that her choice to move to a different role, has been a very positive change.

21. The Registrant stated that she has thoroughly enjoyed working and communicating with people in her new role, particularly those whose health and wellbeing is impacted by their social circumstances. The Registrant told the Panel that she is regularly involved in promoting access to different services to include services such as British Sign Language (BSL). The Registrant has enjoyed representing the Trust through engagement in consultation and discussions. The Registrant has been able to use her experience and technical knowledge in her new role, which has been very positive.

22. The Registrant submitted that allowing her to be removed from the Register under the terms of the VRA will allow her to move forward.

Decision on Application:

23. The Panel has considered the submissions of the HCPC as set out in the Skeleton Argument dated 13 December 2024, together with the oral submissions of Ms Mosley and the Registrant. The Panel has further considered all the documents to which it has been referred.

24. The Panel heard and accepted the advice of the Legal Assessor who advised the Panel that when deciding whether or not approve the agreement for Voluntary Removal, the Panel should have regard to the Practice Note published by the HCPTS in March 2018 and entitled “Disposal of Cases by Consent.”

25. The Panel has considered all the documentation within the bundle to include the Consensual Disposal application form dated 18 March 2024. The Panel noted that the Registrant admitted the substance of the allegation and agreed that her fitness to practice is impaired by reason of lack of competence. The Panel determined that the Registrant has demonstrated insight into the potential impact of these matters on her fitness to practise. The Panel further noted that the Registrant is very happy in her new role and acknowledged the Registrant’s enthusiasm in relation to the suitability of her new role. The Panel was also impressed with the approach that the Trust took to support the Registrant in obtaining her new role.

26. The Panel has concluded that the VRA should be approved and that an order should be made in the terms set out below. Its reasons are as follows;

• The Registrant has admitted the allegation in full. She has also admitted that her fitness to practise is thereby impaired;

• The public will be adequately protected by the voluntary removal of the Registrant’s name from the register, which will have the same effect as if she had been struck off. Such an outcome is also in the interests of the Registrant;

• There are no reasons of a public interest kind to require a hearing of the Allegation.

27. For all the reasons that are set out above, the Panel has determined to approve the outcome sought in the VRA with immediate effect: In particular, the Panel agrees that the HCPC should be permitted to withdraw the Allegation and that the Registrant shall voluntarily remove her name from the Register with effect from today’s date.

 

Order

The Panel grants the application for voluntary removal and directs the Registrar to remove the name of Ms Sarah Downie from the Register with immediate effect.

 

Notes

No notes available

Hearing History

History of Hearings for Sarah Downie

Date Panel Hearing type Outcomes / Status
24/01/2025 Conduct and Competence Committee Voluntary Removal Agreement Voluntary Removal agreed
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