​​Colin Fernandes​

Preliminary Matters

Proceeding in Private.
 
1. As the Registrant was unrepresented, the HCPC representative made an application for the hearing to be held partly in private. It was submitted that any part of the hearing in which the Registrant’s private or family life was referred should be held in private. The Registrant agreed with this application. 

2. The Panel heard and accepted legal advice.  It was mindful of the principle of open justice but determined that it was appropriate to hear any discrete part of the proceedings relating to the Registrant’s private and family life in private. This is in accordance with Rule 10(1) of the Health and Care Professions Council Conduct and Competence Committee (Procedure Rules) Order of Council 2003. (the Rules). This was in order to protect the Registrant’s privacy in respect of his family life.  

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

Interim Order

Application

1. The representative for the HCPC applied for an Interim Suspension Order. This was requested for 18 months, to cover the time taken for an appeal to be heard should the Registrant appeal. It was submitted that such an order was required on the grounds of public protection and public interest.

2. The Registrant indicated that he did not intend to appeal. He did not oppose the application.
 
3. The Panel accepted advice from the Legal Assessor and was mindful that the Registrant had been put on notice of this application. The Panel determined that it was necessary on both the grounds of public protection and public interest for an Interim Suspension Order to be made. 

4. The public protection aspect of this case is because the Registrant’s fitness to practice remains impaired and the sanction imposed is one of Striking Off. The previous interim order has now ended, and the Registrant would be free to practise until the date the Striking Off Order comes into effect unless there was a further interim order restriction. This could place the public at risk.
 
5. The Panel considered that an Interim Suspension Order was also necessary due to the gravity of the Registrant’s conviction. It therefore determined that an Interim Suspension Order was also in the public interest.  

6. It was the determination of the Panel that the Suspension Order would be of eighteen months’ duration, in order to allow for the completion of the appeal process if an appeal was made.  

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

History of Hearings for ​​Colin Fernandes​