Mr David Porter
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Allegation
As a registered Radiographer (RA78385):
1.On 15 June 2021 you:
a) Took one or more X-rays of Service User A’s right and/or left clavicle when this was not clinically justified.
b) Did not discuss the changes to the X-ray imaging of Service User A with the referrer.
2. On 16 June 2021 you:
a) Took one or more X-rays of Service User B’s right arm when this was not clinically necessary and/or justified.
b) Did not discuss justification for additional X-ray imaging of Service User B with colleagues in Radiology.
3. You have a physical and/or mental health condition.
4. The matters set out in particulars 1 and/or 2 constitute misconduct.
5. By reason of the above your fitness to practise is impaired by reason of misconduct and / or your health.
Finding
Preliminary Matters
The Skeleton Argument
1. For the purposes of this hearing, the HCPC has submitted and the Panel has read, a Skeleton Argument signed by Blake Morgan LLP dated 20 August 2025 [the Skeleton Argument]. Mr Anderson adopted the Skeleton Argument as the basis of his submissions to the Panel.
Service
2. The Panel has seen the Notice of today’s hearing dated 30 April 2025 which the HCPC sent by email to the Registrant at his registered email address. The Notice of Hearing made it clear that this hearing would take place today as a virtual hearing. The Notice informed the Registrant of the time and date of this hearing. He was asked whether he intended to attend and whether he was to be represented at this hearing. Delivery of the Notice was confirmed by an electronic message dated 30 April 2025 which the Panel has also seen.
3. Having seen the relevant service documents and having heard and accepted the advice of the Legal Assessor, the Panel was satisfied that good service of the Notice of Hearing has taken place.
Proceeding in the absence of the Registrant.
4. The Panel has seen an email dated 23 August 2025 from the Registrant to the Hearings Officer. In that email, the Registrant stated “ I will not be attending the hearing. I have no representation or documentation”. This email was in response to an email from the Hearings Officer dated 21 August 2025 making the appropriate enquiries. The Panel has seen this email.
5. Mr Anderson on behalf of the HCPC, submitted that the Panel should consider the case in the absence of the Registrant.
6. The Panel heard and accepted the advice of the Legal Assessor.
7. The Panel was aware that a decision to proceed in the absence of the Registrant was one to be taken with great care and caution. However the Panel has decided to proceed in the absence of the Registrant. The reasons are as follows:
· Service of the appropriate notice of this hearing has been properly effected.
· The Registrant has by his email dated 23 August 2025 stated that he will not be attending this hearing.
· The Panel has kept in mind the guidance contained in the Practice Note issued by the HCPTS.
· There is no reason to suppose that an adjournment would result in the future attendance of the Registrant.
· There is a public interest in proceeding in order to bring these proceedings to a conclusion, which is the wish of both the Registrant and the HCPC.
· The Panel cannot identify any prejudice to the Registrant that could arise from proceeding in his absence.
· The Registrant has voluntarily absented himself.
Proceeding in private
8. Mr Anderson submitted that the entirety of this hearing should be conducted so as to ensure that matters relating to the health of the Registrant should remain private. He submitted that it would not be practicable for the Panel to hear this matter partly in private and partly in public.
9. Having heard and accepted the advice of the Legal Assessor the Panel determined that for the reasons expressed by Mr Anderson, the entirety of this hearing should be conducted in private. The transcript of the hearing, will be redacted to reflect this ruling.
Order
ORDER : That the HCPC may withdraw the Allegation set out above and the Registrant is to be permitted to remove the name of Mr David Porter from the HCPC Register, with immediate effect.
Notes
No notes available
Hearing History
History of Hearings for Mr David Porter
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 03/09/2025 | Conduct and Competence Committee | Voluntary Removal Agreement | Voluntary Removal agreed |