James Clacher
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Allegation
1. You failed to notify the HCPC as soon as possible that you were charged with one or more criminal offences on or about 25 September 2020.
2. Your conduct set out in particular 1 above was dishonest in that you knew that you were required to notify the HCPC and sought to conceal the ongoing criminal proceedings against you.
3. You failed to engage with Police Scotland and/or respond to one or more warrants issued for your arrest on or after 31 May 2022.
4. You failed to appear at Glasgow High Court on 24 November 2022.
5. Your conduct at 3 and/or 4 above was in breach of your bail conditions as imposed on 28 September 2020.
6. The matters set out at any or all of particulars 1 – 5 above constitute misconduct.
7. By reason of the matters set out above, your fitness to practise is impaired
Finding
Preliminary Matters
Service
1. The Panel had information before it that the Notice of Hearing was sent by email on 18 June 2025 to the Registrant’s email address on the HCPC Register.
2. The Panel took into account the HCPTS Practice Note entitled “Service of Documents” and accepted the advice of the Legal Assessor.
3. The Panel was satisfied that the Notice was sent in accordance with Rules 3 and 6 of the Conduct and Competence Committee (Procedure) Rules 2003.
Hearing in Private
4. Mr Carey, on behalf of the HCPC, applied for the entirety of the hearing to proceed in private, in light of the ongoing criminal proceedings and the upcoming criminal trial, on the basis that it was in the interests of justice. An alternative, secondary, basis for proceeding in private was that there were matters of the Registrant’s health which should be heard in private.
5. The Panel took into account the HCPTS Practice Note entitled “Conducting Hearings in Private” and accepted the advice of the Legal Assessor.
6. The Panel decided to hold the entirety of the hearing in private so as not to prejudice the ongoing criminal proceedings and the criminal trial due to be held next month on the basis that it was in the interests of justice to do so.
Order
ORDER: That the Registrar is directed to strike the name of Mr James Clacher from the Register on the date this order comes into effect
Notes
Interim Order
Application
7. The Panel heard an application from Mr Carey for an Interim Suspension Order to cover the appeal period. He submitted that the Panel should proceed in the Registrant’s absence to consider his application, and such an order is necessary for the protection of the public and is in the public interest.
8. The Panel considered the HCPTS Practice Note entitled “Interim Orders” as well as Paragraphs 133-5 of the SP. The Panel accepted the advice of the Legal Assessor.
9. The Panel decided whether or not to hear the application for an interim order in the absence of the Registrant. In deciding this issue, the Panel took into account that the Registrant had been informed, in the Notice of Hearing dated 18 June 2025, that this Panel may impose an interim order at any stage of the hearing. In addition, the Panel took into account the reasons set out in its earlier decisions to commence the hearing in the absence of the Registrant. In the circumstances, and for the same reasons, the Panel determined that it would also be fair, proportionate and in the interests of justice to proceed.
10. The Panel took into account its previous findings in respect of impairment and sanction, and the need to protect the public and uphold the public interest.
11. The Panel came to the conclusion that an interim order is necessary to protect the public and that an interim order is also in the wider public interest in order to maintain public confidence in the profession and to uphold proper standards, for the same reasons as set out in its previous decisions. The Panel has already decided that there is a real risk of repetition of the misconduct. In addition, in the circumstances, public confidence in the profession and the regulatory process would be seriously harmed if the Registrant were not made subject to an interim order during the appeal period.
12. The Panel was mindful of its decision at the sanction stage that Conditions were not appropriate. The Panel considered that not to impose an Interim Suspension Order would be inconsistent with its finding that a Striking Off Order is required and therefore decided that an Interim Suspension Order was necessary.
13. The Panel recognised that the Panel must take into consideration the impact of such an interim order on the Registrant as part of the principle of proportionality and must balance the impact on the Registrant with the need to protect the public and uphold the public interest. The Panel was satisfied that the need to protect the public and the public interest outweighed the Registrant’s interests in this regard.
14. The Panel decided to impose an Interim Suspension Order for a period of 18 months, a duration which is necessary and proportionate to allow any appeal which the Registrant brings, to be concluded.
Decision
The Panel makes an Interim Suspension Order under Article 31(2) of the Health Professions Order 2001, the same being necessary to protect members of the public and being otherwise in the public interest.
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) upon the final determination of that appeal, subject to a maximum period of 18 months.
Hearing History
History of Hearings for James Clacher
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 23/07/2025 | Conduct and Competence Committee | Final Hearing | Struck off |
| 09/02/2023 | Investigating Committee | Interim Order Review | Interim Suspension |