Mrs Susan M Boxall

: Occupational therapist

: OT17901

: Review Hearing

Date and Time of hearing:10:00 04/01/2018 End: 12:30 04/01/2018

: Jurys Inn Hotel Cardiff, Park Place, Cardiff, CF10 3UD

: Health Committee
: Conditions of Practice

Allegation

Your fitness to practise as an Occupational Therapist is impaired by reason of your physical and/or mental health.

Finding

Hearing in private

1. The Panel, after receiving legal advice, granted the HCPC’s application that this hearing be conducted in private pursuant to rule 10(1)(a) of the Health Committee Procedure Rules.

Background

2. The Registrant is registered in the Occupational Therapist part of the HCPC Register.

3. In undertaking its task today the Panel is conducting a comprehensive appraisal of the Registrant’s current abilities with a view to establishing whether she is now fit to return to unrestricted practice.  This Panel is not able to go behind the previous panel’s findings. This Panel has taken into account all documentation placed before it and has heard and given appropriate weight to the evidence given by the Registrant at the hearing. The Panel accepted advice from the Legal Assessor to consider the HCPTS Practice Notes entitled “Article 30 Reviews” and “Health Allegations” and the Indicative Sanctions Policy (ISP).

4. The original panel was satisfied that there was clear evidence in the form of a medical report and Dr H’s oral evidence that the Registrant has been diagnosed with health conditions. The panel was satisfied from Dr H’s evidence as set out in his report that the Registrant: “… is now fit to work as an Occupational Therapist, at Band 6 or below”.

5. The HCPC submits there is a current and continuing health issue and a continuing restriction is required because the Registrant has not engaged with the HCPC prior to today’s date since the last hearing. She has not provided documentary evidence in accordance with the existing conditions.

6. The Registrant gave evidence on oath. She states that she did not receive the HCPC correspondence dated 9 November 2017, sent to her by post and email reminding her of the conditions and requesting information from her or alternatively that she signed a consent form to enable the HCPC to approach her General Practitioner.

7. The Registrant stated that she is currently employed fulltime as a Community Coordinator, which does not require HCPC registration.

8. The Registrant states she is in a stable place in her life and is ready to return to practice as an Occupational Therapist. She has not practiced as an Occupational Therapist since 2013 but states that she has continued to maintain links with the Occupational Therapy profession including reading journals. She is willing to undertake a return to practice course and has attended some relevant courses in her current role.

Decision

9. Article 30(1) of the 2001 Order provides that before the expiry of the current order it shall be reviewed. The Panel today may with effect from the date on which the order expires, extend, or further extend the period for which the order has effect, or make an order which could have made at the time the order being reviewed was made. The Panel has accepted the Legal Assessor’s advice, to exercise the principle of proportionality and had regard to the HCPC’s Indicative Sanctions Policy.

10. The Panel finds the Registrant’s fitness to practise remains impaired.

11. The Panel has approached the issue of sanction on the basis that a sanction is only to be imposed or continued to the extent that it is required to protect the public. To ensure that this principle is applied, it is first necessary to decide if the finding of current impairment requires the imposition of any sanction.  If it does, then the available sanctions must be considered in an ascending order of seriousness until one is reached that satisfies the proper sanction aim. The Panel confirms that it has applied this approach in reaching its decision.

12. The sanctions of no further action, mediation and caution were neither appropriate nor proportionate as they would not restrict the Registrant’s practice and so would not protect the public.

13. The Panel has decided to extend the Conditions of Practice Order for a period of three months to enable the Registrant to provide evidence of her compliance with conditions 3 and 4.

14. A future panel is also likely to be assisted by;

• A written reference from her current employer;
• A copy of the supervision record
• Her work attendance record and job description;
• Evidence of CPD, including reading journals, courses completed and any other CPD activities relating to a return to Occupational Therapy practice.

Order

No information currently available

Notes

No notes available

Hearing history

History of Hearings for Mrs Susan M Boxall

Date Panel Hearing type Outcomes / Status
04/01/2018 Health Committee Review Hearing Conditions of Practice
10/07/2017 Health Committee Final Hearing Conditions of Practice