Peter Upton

Preliminary Matters
Service
1. The Panel was provided with a signed certificate as proof that the Notice of Hearing (hereafter ‘the Notice’) had been sent, by email, on 20 May 2025 to the address shown for the Registrant on the HCPC register. The Notice contained the date, time and purpose of today’s hearing.

2. The Panel accepted the advice of the Legal Assessor and was satisfied that Notice had been properly served in accordance with Rule 3 of the Health Committee Rules 2003 (as amended) (hereafter ‘the Rules’).

Proceeding in absence of the Registrant
3. Ms Khorassani, appearing on behalf of the HCPC, made an application to proceed in the Registrant’s absence. Ms Khorassani submitted the following:
i. the Panel had determined effective service of the Notice;
ii. the Registrant had been in contact with the HCPC and had indicated that he was aware of the hearing date and he had indicated that he may attend the hearing;
iii. on 13 June 2025, the Registrant contacted the HCPC again and, on this occasion, indicated that he would not be attending the hearing and stated that he wanted to be removed from the HCPC Register;
iv. consequently, the Registrant had voluntarily absented himself from the proceedings; and
v. it is a mandatory review of the Order and the public interest dictates that the matter should proceed in the Registrant’s absence.
4. The Panel accepted the advice of the Legal Assessor and took into account the guidance as set out in the HCPC Practice Note “Proceeding in Absence”.

5. The Panel determined that it was reasonable and in the public interest to proceed with the hearing, as permitted by Rules 11 and 13 of the Rules, for the following reasons:

i. there had been good service of the Notice;

ii. there has been no application to adjourn and no indication from the Registrant that he would be willing or able to attend on an alternative date and therefore re-listing the hearing would serve no useful purpose;

iii. the Registrant had emailed the HCPC and indicated that he was aware of the hearing and would not be attending. The Panel therefore formed the view that the Registrant had voluntarily absented himself from the hearing;

iv. whilst the Panel recognised that there may be some disadvantage to the Registrant in not being able to make oral submissions to it, the Panel noted that the Registrant had been provided with every opportunity to attend the hearing and/or make representations to it and he had failed to do so; and

v. finally, the Panel noted its duty to act in a manner which was in the public interest and in order to achieve that aim it should act in a fair, economical and expeditious manner. Therefore, taking all of the aforementioned points into account and noting that the efficient disposal of cases concerning practitioners is of very real importance, the Panel determined that it should proceed in the absence of the Registrant because the public interest in proceeding with the case outweighed any detriment to the Registrant in not being present.

Privacy Application
6. Ms Khorassani made an application for the entire hearing to be conducted in private owing to the matters relating to the Registrant’s health.

7. The Panel accepted the Legal Assessor’s legal advice and it had regard to the HCPTS Practice Note on ‘Conducting Hearings in Private’.

8. Having done so, the Panel determined, given the nature of the matters to be raised before it and having regard to the previous panels’ determinations and the material before it regarding the Registrant’s private life and health, that there was a need for the hearing to be conducted in private, pursuant to Rule 10(1)(a) of the Rules. The Panel considered that the Registrant would suffer disproportionate damage if it did not do so. In making its decision, the Panel also determined that it would not be feasible to move between public and private session given the matters to be raised before it were inextricably linked to the Allegation.

ORDER: The Registrar is directed to strike the name of Mr Peter Upton from the Register on the date this Order comes into effect.

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 Articles 30(10) and 38 of the Health Professions Order 2001, any appeal must be made to the court not more than 28 days after the date when this notice is served on you.

History of Hearings for Peter Upton