Mr David S Mee

: Paramedic

: PA01306

: Review Hearing

Date and Time of hearing:10:00 09/02/2017 End: 12:30 09/02/2017

: Health and Care Professions Council, 405 Kennington Road, London, SE11 4PT

: Health Committee
: Conditions of Practice

Allegation

By reason of your physical and/or mental health, your fitness to practise as a Paramedic is impaired.

Finding

Decision: 
1. The Panel has been convened to undertake a review of a Conditions of Practice Order imposed in respect of the Registrant, Mr David Mee.
2. The Registrant has neither attended the hearing nor been represented at it.  The Panel was satisfied that the letter dated 10 January 2017 sent to the Registrant’s HCPC registered address informing him of this hearing constituted good service of the notice of hearing.
3. The finding that there was good service of the notice of hearing gave the Panel jurisdiction to consider the HCPC’s application that the hearing should proceed in the absence of the Registrant.  The Panel decided that the hearing should proceed in the Registrant’s absence for the following reasons:
• The Registrant’s absence from the hearing represented a voluntary waiver of his right to attend.  He knew of the hearing and clearly stated in an email sent to the HCPC on 20 January 2017 that he did not intend to attend.
• The Registrant has not sought an adjournment to another date of the hearing scheduled to take place today.
• A review of the existing Conditions of Practice Order is required to take place before it expires on 8 March 2017, and it would not now be possible to provide a valid notice of hearing for a hearing before that date.
• The Registrant had made the submissions he wished the Panel to consider in writing.
• In all these circumstances the clear public interest in the hearing continuing at the present time outweighed the absence of the Registrant.
4. After the Panel decided that the hearing should proceed in the absence of the Registrant, the Presenting Officer applied for the hearing to take place in private.  As this is a hearing before the Health Committee and the Registrant’s health is the principal issue in the case, the Panel acceded to this application. This public determination is a redacted version of a private determination.
5. A final hearing of the allegation that the Registrant’s fitness to practise was impaired by reason of his physical and/or mental health held on 8 and 9 February 2016, when it was determined to be well founded.
6. The final hearing Panel decided that the appropriate sanction disposal was the making of a Conditions of Practice Order for a period of 12 months.  This is the Order currently being reviewed.  The conditions imposed by the Order were was follows:
1. You must not undertake any patient facing work in your role as a paramedic.
2. You must not drive any vehicle which has the capability to respond to an emergency.
3. You must register with and remain under the care of a general practitioner or other relevant health specialist and inform him or her that you are subject to these conditions.
4. You must inform your general practitioner or other relevant health specialist about these conditions of practice and authorise that person to provide the HCPC with information about your health and any treatment you are receiving.
5. You must keep your professional commitments under review and limit your professional practice in accordance with the advice of your general practitioner or other relevant health specialist.
6. You must cease practising immediately if you are advised to do so by your general practitioner or other relevant health specialist.
7. You must promptly inform the HCPC if you take up employment as a paramedic.
8. You must promptly inform the HCPC of any disciplinary proceedings taken against you by your employer.
9. 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 paramedic work
b) any agency you are registered with or apply to be registered as a paramedic with (at the time of application)
c) any prospective employer seeking to employ you as a paramedic (at the time of application)

7. While acknowledging that the Registrant has submitted that he wishes his name to be removed from the HCPC Register, and that the issue of a Voluntary Removal Agreement will therefore need to be considered by the HCPC, the Presenting Officer has submitted that the present circumstances require a further Conditions of Practice Order.
8. The present Panel has been shown the Registrant’s email dated 20 January 2017 in which he stated the following:
• his health appeared to be in remission.
• since his dismissal on capability grounds and the imposition of restrictions by the final hearing Panel he has not practised as a Paramedic or kept up on his skills and knowledge;
• as a result of not being able to practise his skills and his loss of knowledge of latest procedures, he asked that his name is removed from the list of Paramedics.
9. In undertaking the review of this Order today the present Panel has undertaking this review the Panel has applied the followed the following principles:
• The findings of the final hearing Panel in made in February 2016 in relation to the allegation are now settled and not open to be questioned.
• The issue for the present Panel is to decide whether the findings made in February 2016 require the imposition of a sanction when the present period of suspension ends on 8 March 2017.  In making this decision the Panel is not only required to take into account the findings made in February 2016 in relation to the allegations, but also all that has and has not occurred in the period between the final hearing in February 2016 and the present time.
• In deciding on the issue of sanction, ordinary sanction considerations apply.  In particular, a sanction is not to be imposed to punish.  Rather, a sanction should be the least restrictive order consistent with the need to protect the public (including potential service users) and to maintain a proper degree of confidence in the registered profession and the regulatory process currently being undertaken.  The fact that there has been a period of 12 months during which the Registrant has been subject to conditions of practice does not give rise to a presumption that there will be a further sanction.  If the Panel determines that a further sanction is required, then the available sanctions must be considered in an ascending order of seriousness until one is reached that sufficiently addresses the issues of public protection and the maintenance of confidence just referred to.  The sanction powers available when undertaking a review are those that were available to the preceding Panel.  As the sanction of striking-off was not available to the final hearing Panel that sanction is not available to the present Panel in undertaking this review.

10. The Panel has applied these principles.  It has decided that a further sanction is required, and that in the light of the evidence as it stands at present the least restriction sanction that can be applied is a further Order imposing conditions of practice.  In the judgement of the Panel the existing conditions are appropriate to be included in the future Order, which should be for a further period of 12 months.  The making of this further Conditions of Practice Order will not impede the making of a Voluntary Removal Agreement if both the HCPC and the Registrant consider that to be appropriate.  The Panel has, however, no power to make an order removing the Registrant’s name from the HCPC Register because it has no jurisdiction in relation to the making a Voluntary Removal Agreement, and, as has already been noted, the power to make a striking off order is not available.
11. The Panel would only wish to add one further comment.  If on reflection the Registrant wishes to keep open the possibility of returning to work in any capacity as a Paramedic so that he would wish to retain his HCPC registration, he is reminded of the obligation imposed by that registration to ensure that his knowledge and skills are sufficient to enable him to practise safely and effectively, and also remind him of the specific requirements imposed on registrants who are returning to practise after a break of two years or longer. Furthermore, the Registrant should understand that it would be expected that he would supply any further medical evidence that he would wish to be considered by any future reviewing Panel.

Order

Order:

The Registrar is directed to extend the Conditions of Practice Order against the registration of Mr David S Mee, for a period of 12 months on the expiry of the existing order.

Terms of the Conditions of Practice Order:

1. You must not undertake any patient facing work in your role as a paramedic.
2. You must not drive any vehicle which has the capability to respond to an emergency.
3. You must register with and remain under the care of a general practitioner or other relevant health specialist and inform him or her that you are subject to these conditions.
4. You must inform your general practitioner or other relevant health specialist about these conditions of practice and authorise that person to provide the HCPC with information about your health and any treatment you are receiving.
5. You must keep your professional commitments under review and limit your professional practice in accordance with the advice of your general practitioner or other relevant health specialist.
6. You must cease practising immediately if you are advised to do so by your general practitioner or other relevant health specialist.
7. You must promptly inform the HCPC if you take up employment as a paramedic.
8. You must promptly inform the HCPC of any disciplinary proceedings taken against you by your employer.
9. 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 paramedic work
b) any agency you are registered with or apply to be registered as a paramedic with (at the time of application)
c) any prospective employer seeking to employ you as a paramedic ( at the time of application)

The order imposed today will apply from the expiry of the current Conditions of Practice Order, namely 8 March 2017.


This order will be reviewed again before its expiry on 8 March 2018.

Notes

No notes available

Hearing history

History of Hearings for Mr David S Mee

Date Panel Hearing type Outcomes / Status
23/10/2017 Health Committee Final Hearing Voluntary Removal agreed
09/02/2017 Health Committee Review Hearing Conditions of Practice
08/02/2016 Health Committee Final Hearing Conditions of Practice