Goodwin v Health and Care Professions Council

Judgment

Mr Justice Nicol :

This is an appeal against the decision of the Conduct and Competence Committee (‘CCC’) of the Health and Care Professions Council (‘HCPC’) of 17 th October 2013.

The Appellant is a Biomedical Scientist (‘BMS’). He qualified in December 2008 having undergone postgraduate studies at the University of Wolverhampton and achieved an Institute of Biomedical Science (‘IBMS’) Certificate of Competence. His first job was at Warrington and Halton Hospitals Foundation Trust (‘Warrington Hospital’) where he worked from June 2009 until his dismissal in January 2012.

The HCPC is the regulatory body for BMSs. The Appellant referred himself to the HCPC as, according to the Panel, did Warrington Hospital. This led to a hearing before a panel of the CCC over a total of 8 days in July and October 2013. The Panel found all the allegations against the Appellant to be proved. These were that the Appellant had not demonstrated the required competency levels in 9 specific areas, had not demonstrated appropriate time management skills, had not prioritised tasks appropriately and had not demonstrated an appropriate awareness of health and safety issues. The Panel found that he had fallen significantly below the basic level of BMS practice across all areas of clinical bench work in the laboratory, time management and health and safety over a considerable period of time. The errors had the potential to put many patients at risk. They constituted several serious fundamental breaches of the standards of the profession. He had a profound lack of insight and an inflated perception of his professional skills. Warrington Hospital had spent over 2 years trying to help him but he had been resistant to change. By his conduct he had put the public at risk and continued to do so. He had brought the profession into disrepute and his fitness to practise was impaired. The panel imposed a sanction of suspension for 12 months from the date the order came into effect. Since the Appellant has appealed, the sanction will not come into effect until the appeal is disposed of or withdrawn.

One member of the panel was Mr Allen Brown. The Appellant issued an application notice seeking disclosure of Mr Brown’s specific area of expertise. At the beginning of the hearing of the appeal, I considered this application but refused it. I gave my reasons orally. In brief the Health Professions Council (Practice Committees and Miscellaneous Amendments Rules) Order in Council 2009 SI 2