​​Kiarash Behnam​

Preliminary Matters

Documents considered

1.    The Panel was provided with a Consensual Disposal bundle of 479 pages, a Skeleton Argument dated 25 September 2026 of 10 pages and the draft Consent Order of 5 pages. The Panel confirmed that the Registrant had those documents. 

Privacy

2.    The HCPC asked the Panel to consider an application for parts of the hearing to be held in private, given reference to the Registrant’s health and personal life in the bundle of evidence. 

3.    The Panel heard and accepted the advice from the Legal Assessor who referred to Rule 10 and to the HCPTS Practice Note ‘Conducting Hearings in Private’. The Panel acknowledged that there is a strong public interest in ensuring that hearings are conducted in public for transparency. However, the Panel had regard to the protection of the private life of the Registrant given references to his health and family in the bundle. The Panel concluded that allowing the Registrant to make submissions on those matters in private would provide him with the opportunity to be more open about such aspects of his life and would be appropriate in the circumstances. The Panel concluded that such matters are likely to be discrete. Therefore, the Panel decided that it was possible to conduct the hearing in public and only hear the discrete matters of the Registrant’s health and private life in private.

Background

4.    Kiarash Behnam [“the Registrant”] is a registered physiotherapist (PH126812). He was employed by University Hospitals Bristol and Weston NHS Trust (UHBW) between 4 April 2022 and 21 February 2024 as a Band 5 physiotherapist in a rotational post.

5.    On 11 December 2025 the case against the Registrant was considered by a panel of the Investigating Committee [“the IC”]. The IC concluded that there was a case to answer in respect of the allegation and referred the matter to the Conduct and Competence Committee. 

6.    In the completed pro-forma in the bundle, the Registrant admitted the allegations and that his fitness to practise is impaired by a lack of competence.
Submissions by the HCPC

7.    Mr Maughan on behalf of the HCPC adopted the submissions in his skeleton argument dated 25 September 2026 and submitted that this case was suitable for disposal by consent, by way of a conditions of practice order. A draft order was provided to the Panel with the skeleton argument. Following submissions from the Registrant at a later stage in the hearing, Mr Maughan confirmed that he had instructions to apply for the Conditions of Practice Order to be extended to 24 months to allow additional time for the Registrant to find work.

8.    The HCPC submitted that this case was suitable for disposal in this way because: 

a.    an Investigating Committee Panel has found that there is a “case to answer”;

b.    the Registrant admits the substance of the allegation and that his fitness to practise is impaired by a lack of competence;

c.    the Registrant understands what he is consenting to and the effect of the order that he is asking the Panel to make;

d.    a 24-month conditions of practice order would be consistent with the expected outcome if the case was to proceed to a contested hearing and would be a fair and proportionate disposal in the case;

e.    such a disposal would ensure the appropriate level of public protection be secured whilst allowing the Registrant to work towards achieving competence within registered physiotherapy practice;

f.         such a disposal would not be detrimental to the wider public interest. 

9.    Mr Maughan submitted that the Registrant has demonstrated insight and remorse within his submissions in respect of his time at UHBW between 2022 and 2024 and is on the path to remediation. The Registrant appears to acknowledge and understand how and why professional and personal factors impacted his ability to practise safely to such an extent that he was deemed not competent to practise. The Registrant accepts that his standard of work was a significant departure from the standards of a Band 5 physiotherapist. Mr Maughan submitted that those facts demonstrate that the Registrant’s fitness to practise is currently impaired by reason of lack of competence. 

10.    Mr Maughan submitted that the draft conditions of practice are appropriate given that they are tightly drafted and ensure that the risk of harm to any service user is mitigated by the need for supervision. 

11.    Furthermore, the HCPC submitted that if the case were to proceed to a final hearing, a panel would be invited to consider factors including that:

•     the Registrant has demonstrated insight;

•     the competence concerns which arose during the Registrant’s employment at UHBW are capable of being remedied or managed and are of not such a nature of concern which would prevent the Registrant from remediating; 

•     appropriate, proportionate, realistic and verifiable conditions can and have been formulated which target fundamental areas of practice, which include carrying out safe service users’ assessments; 

•     on the information available, a panel can be confident the Registrant will comply with the conditions should he secure employment within 24 months of the operative date; 

•     at the end of the 24-month period, it is submitted a reviewing panel will be able to determine whether or not the conditions have or are being met; and 

•     the conditions proposed are of a number and type which ensure that the panel can be satisfied the Registrant can return to physiotherapy practise with conditions without exposing the public to risk of harm. The conditions are contingent on the Registrant securing registered employment as a physiotherapist in order to thereafter demonstrate that he is capable of safe practice.

12.    The HCPC submitted that the more restrictive sanction of a suspension order would be inappropriate and disproportionate. Should a suspension be imposed, it would not provide the Registrant with an opportunity to demonstrate his competence within practice.

13.    The HCPC further submitted that any lesser sanction, namely a caution order, mediation or taking no action, would be inappropriate and insufficient as these outcomes would not ensure the public are protected given the Registrant would be free to immediately apply for and take up registered roles without restriction.

Submissions by the Registrant

14.    The Registrant confirmed to the Panel that he consented to the disposal by consent to the draft Conditions of Practice Order. He confirmed that he accepted the allegation in full, noting the detail set out in the statements of the Band 7 physiotherapists from UHBW and other information in the bundle. 

15.    The Registrant confirmed that he intends to return to practise and intends to reach the competency required and ensure the safety of service users and colleagues. 

16.    [Redacted].

Legal Assessor’s Advice

17.    The Panel was referred to the HCPTS Practice Note, Disposal of Cases by Consent and was reminded that the HCPC’s overarching statutory objective is the protection of the public. 

18.    Where the HCPC and the Registrant wish to conclude a case without the need for a contested hearing, they may seek to do so by putting before a Panel an order of the kind which they consider the Panel would make if the case had proceeded to a full substantive hearing. 

19.    The Panel should, before considering the draft consent order, satisfy itself that the HCPC: 

a.    Has provided a clear, appropriately detailed and objectively justified explanation within its supporting skeleton argument of why the matter is suitable for disposal by consent on the terms set out in the draft Consent Order; and 

b.    Has made clear to the Registrant concerned that co-operation and participation in the consent process will not automatically lead to the Consent Order being approved. 

20.    The Legal Assessor advised that Consensual Disposal is an effective management tool, but the Panel had to be satisfied that the overarching objectives are met in the disposal of the case. The Panel may only impose a sanction if the allegation is ‘well-founded’. The Panel therefore had to make findings regarding the facts, grounds and impairment stages, before considering sanction. She referred the Panel to the HCPTS Practice Note, Fitness to Practice Impairment.

21.    The Legal Assessor advised that in considering whether the facts had been proved the Panel was entitled to take into account the admissions from the Registrant as to the facts, if appropriate. The decision on lack of competence was a matter for the Panel’s judgement, although it could also consider the Registrant’s admissions as to lack of competence. 

22.    The Legal Assessor advised the Panel that the decision on impairment was also a matter for its own judgement. She advised the Panel that a decision regarding impairment may relate to the risk of repetition, and to both the “personal” component and also the “public” component regarding the wider public interest as set out in the Practice Note.

23.    The Legal Assessor advised that, if the Panel found impairment, it should consider whether the proposed consensual disposal was the appropriate and proportionate sanction. Disposal by consent does not affect a panel’s powers or the range of sanctions available. It is merely a process by which the HCPC and the Registrant concerned may propose what they regard as an appropriate outcome to the case. If the Panel was not so satisfied, the consensual disposal would be rejected and the case listed for a substantive hearing.

24.    The Panel should not agree to a case being resolved by consent unless it is satisfied that:

a.    The appropriate level of public protection is being secured;

b.    Doing so would not be detrimental to the wider public interest;

c.    The Registrant understands what they are consenting to and the effect of the consent order that they are asking the Panel to make. 

Decision on Facts

25.    The Panel accepted the Legal Assessor’s advice and had regard to the HCPTS Practice Note entitled ‘Disposal of Case by Consent’. The Panel considered the bundle of documents detailed in paragraph 1 when considering their decision. The Panel were satisfied that the Registrant’s submissions, as well as the Consensual Disposal Request Pro-Forma document and his reflective statement in the bundle, demonstrate that he understands and accepts the facts of the Allegation and that he is currently impaired. The Panel considered that the Allegation is well particularised and sets out poor practice by the Registrant over a prolonged period of time. 

26.    The Panel considered that the admissions were clear and unequivocal and were supported by the bundle of evidence. It found the facts in the allegation proved. 

Decision on Grounds

27.    Having found the facts of the Allegation proved, the Panel next considered whether the facts amounted to lack of competence. The Panel considered the ICP’s decision that there was a case to answer in respect of a lack of competence, and that the Registrant has accepted the evidence in the bundle showing a long period of clinical failings that demonstrate a lack of competence on his part. 

28.    The Panel was satisfied that the facts found proved raised significant concerns and satisfied the statutory ground for impairment in Article 22(1)(a) of the Health Professions Order 2001 (as amended) (“the Order”). The Panel considered that patients had been placed at risk of harm by the Registrant’s inability to meet the standards required of a Band 5 registered physiotherapist. 
Decision on Impairment    
29.    Having found that the facts constitute a lack of competence, the Panel went on to consider whether the Registrant’s fitness to practise is currently impaired. 

30.    The Panel noted the Registrant’s acceptance that his fitness to practise is impaired by reason of his lack of competence, as set out in the Consensual Disposal Request Pro-Forma. The Panel was mindful that the decision on impairment is for the Panel, as a matter of its own judgement, not involving a burden or standard of proof.

31.    The Panel was guided in addition by the HCPTS Practice Note, Fitness to Practise Impairment. The Panel therefore considered the ‘personal’ component of impairment and whether there was a risk of the Registrant continuing to act with a lack of competence.

32.    The Panel considered that UHBW had provided considerable support to the Registrant during his rotation and despite some improvements, the Registrant appeared unable to maintain those improvements. While the Panel found that the acts or omissions were remediable, the Panel considered that there was a risk of repetition of care which failed to meet the standards of a registered Band 5 physiotherapist. 

33.    The Panel found some evidence of insight and remediation in the Registrant’s reflective statement. Although the Registrant has undertaken additional learning and a 5-week placement in a MSK clinic, the Panel considered that evidence in the bundle demonstrated long standing and wide-ranging concerns and there remained a risk of repetition. The Panel considered that the “personal” component of impairment remained. The Panel found that the Registrant’s fitness to practice remains impaired on the “personal” component of impairment. 

34.    The Panel had regard to the overarching objective of public protection and its three limbs. The Panel had not been able to exclude the risk of repetition, as above, to protect the health, safety and wellbeing of the public. The Panel also considered that, taking into account the seriousness of the concerns regarding the Registrant’s competence, it would fail to maintain public confidence in the profession and fail to uphold professional standards if the Panel did not find current impairment. The Panel decided that the Registrant’s fitness to practise is impaired, on the ‘public’ component of impairment. 

Decision on Sanction

35.    The Panel moved on to consider the proposed consensual disposal of the case. The Panel took into account that, to act proportionately, it should impose the least restrictive sanction which would meet the risk posed by impairment. The Panel should balance the Registrant’s interests with the public interest. 

36.    The Panel therefore approached sanctions in the order set out in the HCPC’s Sanctions Policy (March 2026). It commenced with an assessment of the seriousness of the case, deciding if there were any mitigating or aggravating factors. The Panel noted that even with considerable supervision the Registrant failed to meet the standards required on three of his rotations at UHBW, although noted that he had achieved the objectives of his MSK rotation which demonstrates that there are positives within his clinical work. 

37.    In terms of mitigating factors, the Panel noted the Registrant’s insight into challenges he faced [redacted], his remorse and the evidence of remediation. The Panel were clear that the Registrant had no desire or intention to cause harm and were impressed by his commitment to partnership working demonstrated by the email that he had sent to colleagues at UHBW after his dismissal. The Panel considered that the Registrant is genuinely committed to resolving the concerns. The Panel felt that they could attach significant weight to those factors. 

38.    In relation to aggravating factors the Panel considered that the concerns were not isolated and were repeated, and the level of his impairment did pose a risk to service users, particularly vulnerable service users. 

39.    The Panel considered that the case was too serious for it to refer for mediation or to take no action in response to the finding of impairment. The Panel was mindful that taking no action would leave the Registrant free of restriction or marker to practise when the Panel had found that there was a real risk of a repetition of the actions that demonstrated the Registrant’s lack of competence. Equally the Panel felt that a caution order would not be appropriate. 

40.    The Panel considered the proposed conditions of practice in detail.

1.    You must inform the HCPC within 7 days if you take up any professional work as an HCPC registered physiotherapist.

2.    Within 7 days of taking up employment as an HCPC registered physiotherapist, you must place yourself and remain under the supervision of a workplace supervisor, registered by the HCPC or other appropriate statutory regulator and supply details of your supervisor to the HCPC within 14 days of taking up employment.

3.    During employment as an HCPC registered physiotherapist, you must attend upon that supervisor as required and follow their advice and recommendations.

4.    Before undertaking any unsupervised physiotherapy practice within employment as an HCPC registered physiotherapist, which involves service users, you must:

A.    undertake a period of direct supervision during physiotherapy assessments with service users (the period to be determined by your supervisor);

B.    be signed off as competent by your supervisor following that period of direct supervision; and

C.    forward a copy of your supervisor’s reports to the HCPC within seven days of receiving them.

5.    Within 3 months of taking up employment as an HCPC registered physiotherapist, you must complete further training, or satisfactorily complete courses approved by your supervisor, in the following areas:

A.    Planning and delivery of safe and appropriate individualised assessments/examinations of service users;

B.    Independent management of treatment planning;

C.    Timely discharge of non-complex service users;

D.    Safe and appropriate patient manual handling techniques within the in-patient setting;

E.    Safe and appropriate equipment use within the in-patient setting;

F.    Trust infection control procedures;

G.    Caseload management;

H.    Emergency care and escalation of deteriorating patients; and

I.    Accurate clinical note taking.

6.    You must forward details of this training or certificates and any feedback/observations from your supervisor to the HCPC within 7 days of receiving them.

7.    Within 6 months of taking up employment as an HCPC registered physiotherapist, you must arrange with your supervisor for an assessment of the following areas:

A.    Planning and delivery of safe and appropriate individualised assessments/examinations of service users;

B.    Independent management of treatment planning;

C.    Timely discharge of non-complex service users;

D.    Safe and appropriate patient manual handling techniques within the in-patient setting;

E.    Safe and appropriate equipment use within the in-patient setting;

F.    Trust infection control procedures;

G.    Caseload management;

H.    Emergency care and escalation of deteriorating patients; and

I.    Accurate clinical note taking.

8.    Following this assessment, you must arrange for your supervisor to send a report to the HCPC on the assessment within 1 month.

9.    Should you take up employment as an HCPC registered physiotherapist, you must work with your supervisor to formulate a Personal Development Plan designed to address the deficiencies and/or knowledge gaps in the following areas of your practice: 

a.    Planning and delivery of safe and appropriate individualised assessments/examinations of service users;

b.    Independent management of treatment planning;

c.    Timely discharge of non-complex service users;

d.    Safe and appropriate patient manual handling techniques within the in-patient setting;

e.    Safe and appropriate equipment use within the in-patient setting;

f.    Trust infection control procedures;

g.    Caseload management;

h.    Emergency care and escalation of deteriorating patients; and

i.    Accurate clinical note taking.

10.    Within 1 month of taking up employment as an HCPC registered physiotherapist you must forward a copy of your Personal Development Plan to the HCPC.

11.    Should you take up employment as an HCPC registered physiotherapist, you must meet with your supervisor on a monthly basis to consider your progress towards achieving the aims set out in your Personal Development Plan.

12.    Should you take up employment as an HCPC registered physiotherapist, you must allow your supervisor to provide information to the HCPC about your progress towards achieving the aims set out in your Personal Development Plan.

13.    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 to undertake professional work (at the time of application); 

C.    any prospective employer for professional work (at the time of your application); 

D.    any organisation through which you are undertaking professional training.

14.    You must inform the HCPC within 7 days of becoming aware of:

A.    any patient safety incident you are involved in;

B.    any investigation started against you;

C.    and disciplinary proceedings taken against you.

41.    The Panel considered that the proposed conditions are detailed and that while the supervision of the Registrant would impose a burden on any employer, the conditions are workable. The Panel considered that the proposed conditions would allow him to practise safely as a Band 5 given the clear emphasis on supervision. 

42.    Having considered the draft Conditions of Practice Order the Panel went onto consider whether a suspension order would be more appropriate. The Panel found that, in light of the Registrant’s insight and engagement, the concerns in this case are not so serious that they could not be reasonably and proportionately addressed by a conditions of practice order. 

43.    The Panel discussed the potential impact of the Registrant’s absence from physiotherapy but noted that, as well as the proposed conditions of practice, the HCPC has specific additional requirements for any Registrant who is returning to practice after 2 years. The Panel considered that together these would mitigate the risks posed by the Registrant’s return to practice. 

44.    The Panel discussed the length of the order given that the Registrant had been honest with the Panel about his inability to look for work until next July given other academic commitments that he has in the interim. The Panel decided that a 24-month order would be appropriate and proportionate given the Registrant’s current circumstances. 

45.    The Panel was satisfied that the HCPC has provided a clear, appropriately detailed and objectively justified explanation within its skeleton argument of why the matter is suitable for disposal by consent and has made clear to the Registrant concerned that co-operation and participation in the consent process will not automatically lead to a Consent Order being approved.

46.    The Panel also considered that the wider public interest would be appropriately dealt with and would not be affected by this matter not being publicly scrutinised at a Substantive Hearing. 

47.    Consequently, the Panel concluded that in all the circumstances of this case, the approval of the Consent Order with the proposed conditions of practice is the proportionate and appropriate course of action in this case. 

ORDER: The Registrar is directed to annotate the Register to show that, 24 months from the date that this Order comes into effect (“the Operative Date”), you, Mr Kiarash Behnam, must comply with the following conditions of practice: 

1.          You must inform the HCPC within 7 days if you take up any professional work as an HCPC registered physiotherapist.

2.          Within 7 days of taking up employment as an HCPC registered physiotherapist, you must place yourself and remain under the supervision of a workplace supervisor, registered by the HCPC or other appropriate statutory regulator and supply details of your supervisor to the HCPC within 14 days of taking up employment.

3.          During employment as an HCPC registered physiotherapist, you must attend upon that supervisor as required and follow their advice and recommendations.

4.          Before undertaking any unsupervised physiotherapy practice within employment as an HCPC registered physiotherapist, which involves service users, you must:

A.      undertake a period of direct supervision during physiotherapy assessments with service users (the period to be determined by your supervisor);

B.      be signed off as competent by your supervisor following that period of direct supervision; and

C.      forward a copy of your supervisor’s reports to the HCPC within seven days of receiving them.

5.          Within 3 months of taking up employment as an HCPC registered physiotherapist, you must complete further training, or satisfactorily complete courses approved by your supervisor, in the following areas:

A.      Planning and delivery of safe and appropriate individualised assessments/examinations of service users;

B.      Independent management of treatment planning;

C.      Timely discharge of non-complex service users;

D.      Safe and appropriate patient manual handling techniques within the in-patient setting;

E.      Safe and appropriate equipment use within the in-patient setting;

F.      Trust infection control procedures;

G.     Caseload management;

H.      Emergency care and escalation of deteriorating patients; and

I.        Accurate clinical note taking.

6.          You must forward details of this training or certificates and any feedback/observations from your supervisor to the HCPC within 7 days of receiving them.

7.          Within 6 months of taking up employment as an HCPC registered physiotherapist, you must arrange with your supervisor for an assessment of the following areas:

A.      Planning and delivery of safe and appropriate individualised assessments/examinations of service users;

B.      Independent management of treatment planning;

C.      Timely discharge of non-complex service users;

D.      Safe and appropriate patient manual handling techniques within the in-patient setting;

E.      Safe and appropriate equipment use within the in-patient setting;

F.      Trust infection control procedures;

G.     Caseload management;

H.      Emergency care and escalation of deteriorating patients; and

I.          Accurate clinical note taking.

8.          Following this assessment, you must arrange for your supervisor to send a report to the HCPC on the assessment within 1 month.

9.          Should you take up employment as an HCPC registered physiotherapist, you must work with your supervisor to formulate a Personal Development Plan designed to address the deficiencies and/or knowledge gaps in the following areas of your practice: 

a.       Planning and delivery of safe and appropriate individualised assessments/examinations of service users;

b.      Independent management of treatment planning;

c.       Timely discharge of non-complex service users;

d.      Safe and appropriate patient manual handling techniques within the in-patient setting;

e.       Safe and appropriate equipment use within the in-patient setting;

f.       Trust infection control procedures;

g.      Caseload management;

h.      Emergency care and escalation of deteriorating patients; and

i.        Accurate clinical note taking.

10.       Within 1 month of taking up employment as an HCPC registered physiotherapist you must forward a copy of your Personal Development Plan to the HCPC.

11.       Should you take up employment as an HCPC registered physiotherapist, you must meet with your supervisor on a monthly basis to consider your progress towards achieving the aims set out in your Personal Development Plan.

12.       Should you take up employment as an HCPC registered physiotherapist, you must allow your supervisor to provide information to the HCPC about your progress towards achieving the aims set out in your Personal Development Plan.

13.       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 to undertake professional work (at the time of application); 

C.      any prospective employer for professional work (at the time of your application); 

D.      any organisation through which you are undertaking professional training.

14.       You must inform the HCPC within 7 days of becoming aware of:

A.      any patient safety incident you are involved in;

B.      any investigation started against you;

C.      and disciplinary proceedings taken against you.

Interim Order

Application

1.          As identified in the Consent Order, the HCPC and Registrant consented to the making of an interim conditions of practice order to cover the appeal period, mirroring the terms set out in the Consent Order.

Decision

2.          Having heard from Mr Maughan and having considered the Consent Order and other papers, the Panel decided that it was necessary to make an Interim Conditions of Practice Order, as above, on the grounds that such an order is necessary to protect the public and otherwise in the public interest.

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 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 ​​Kiarash Behnam​