Kim Barnes

Preliminary Matters

Proceeding in Private

1. At the commencement of the hearing, the Panel, of its own volition, indicated that it considered that the whole of the hearing should be conducted in private, on the basis that it was sitting as a Health Committee and would be considering an Allegation relating solely to the Registrant’s health condition. Neither party had any objection to such an approach.

2. The Panel heard and accepted the advice of the Legal Assessor, who reminded the Panel that, whilst the common law principle of “open justice” means that, in general, hearings should be held in public, Article 6 of the European Convention on Human Rights (ECHR), included provision for proceedings to be heard wholly or partially in private “to the extent strictly necessary in the opinion of the [Panel] in special circumstances where publicity would prejudice the interests of justice”. The Panel also had regard to the HCPTS Practice Note entitled ‘Conducting Hearings in Private’. It bore in mind that, as a starting point, hearings should be conducted in public session.

3. However, having regard to the information before it, the Panel was satisfied that it was in the interests of justice that this matter be heard wholly in private as matters relating to the Registrant’s health were the main issues before the Panel. In addition, the Panel also noted that there would be reference to personal matters relating to the Registrant’s private life at the relevant times, which the Panel considered should also be kept confidential. The Panel therefore considered that the most practicable course was for the hearing to be heard solely in private.

Decision

4. The Panel therefore has determined that the Registrant be made subject to the following conditions of practice as set out below, for a period of 24 months.

5. The Panel therefore discontinues the remaining Particulars of the Allegation against the Registrant, as specified in Particulars 1 to 10, 12 and the part of Particular 13 that relates to Misconduct and/or Lack of Competence.

ORDER: The Registrar is directed to annotate the HCPC Register to show that, for a period of 24 months from the date that this Order take effect (“the Operative Date”), you, Kim Barnes, must comply with the following conditions of practice:

1. You must inform the HCPC within seven days of returning to practice requiring registration in the United Kingdom.

2. You must inform the HCPC within seven days if you take up work requiring registration with a professional body outside the United Kingdom.

3. In the event that you commence practice requiring registration with the HCPC in the United Kingdom:

a. You must not be involved in the supervision of other professionals;

b. You must place yourself under, 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 one month of commencing practice requiring HCPC registration. You must attend upon that supervisor as required and follow their advice and recommendations.

c. The supervision must include meetings with your supervisor at least monthly in order to review your cases, in relation to communication and time management, with particular reference to:

i. Safeguarding; and,

ii. Risk management.

d. You must maintain a record of supervision meetings, and make this available to the HCPC on request.

e. You must promptly inform the HCPC if you cease to be employed by an employer or propose to take up any other or further employment, in either case where such employment relates to practice requiring registration in the United Kingdom.

4. You must promptly inform the HCPC of any disciplinary proceedings taken against you by your employer.

5. 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 professional work;

b. any agency you are registered with or apply to be registered with (at the time of application); and,

c. any prospective employer (at the time of your application).

6. [Redacted]

Interim Order: The Panel makes an Interim Conditions of Practice Order under Article 31(2) of the Health Professions Order 2001, the same being necessary to protect members of the public, being otherwise in the public interest and in the Registrant’s own interests.

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) the final determination of that appeal, subject to a maximum period of 18 months.

History of Hearings for Kim Barnes