Case No: 12034



DR R SADEK                        PROFESSIONAL



















  1. This is an appeal by Islam Usmani (Dr Usamni) against the decision of the Hillingdon Primary Care Trust (the PCT) made on 22 August 2005 not to include him on the performers list.  The appeal was scheduled to be heard on 12 December 2005.  At Dr Usmani’s request the hearing was re-scheduled to take place after 15 March 2006 as he was working abroad.  The hearing took place on 28 March 2006.  Dr Usmani did not attend (he was aware of the hearing date) and the PCT indicated on 29 September 2005 that it was content for the appeal to be ‘considered on the papers alone.’[1]


  1. The decision[2] of the PCT was made on three grounds contained in the NHS (Performers Lists) Regulations 2004:


a. that it considered Dr Usmani unsuitable for inclusion in its performers list (regulation 6(1)(a);


b. having contacted the referees it was not satisfied with the references; and


c. Dr Usmani had not provided satisfactory evidence that he intended to perform services in its area.


The appeal to the FHSAA is by way of re-determination and so the panel do not have to adopt the grounds relied upon by the PCT.  In this case, however, the grounds relied upon by the PCT, and challenged by Dr Usmani, provided a convenient starting point for the panel.  


  1. In relation to ground a. the panel were provided with the references upon which the PCT relied.  The reference by Dr Thornton referred to Dr Usmani’s practice in the late years being restricted ‘to serving military personnel, ie no children or elderly.’[3]  The reference by Dr Walker refers to Dr Usmani’s skills reflecting his ‘long period working in narrow niche of Army (sic) primary care’ and therefore ‘some sort of assessment by a retainer tutor or similar may be your only safe way to ensure his skills etc are OK for mainstream or GPs practice.’[4]  Dr Govindasany referred to Dr Usmani’s previous practice experience and appeared to be saying that although Dr Usmani had not worked in a ‘family practice’ he had experience comparable with ‘civilian practices’. 


  1. Despite the lack of clarity of Dr Govindasany’s reference, the panel considered that the broadly similar assessments by Drs Walker and Thornton clearly indicated the limitations of Dr Usmani’s clinical experience.  The panel also noted that Dr Usmani’s application disclosed that he has not worked in general practice outside the armed services since 1979[5] and despite this he regarded himself as being ‘fully confident and capable of doing short term locums with the General Practice for the Hillingdon area.’[6]


  1. The panel noted under ground b. above that although Dr Govindasany’s reference was unclear, the references taken together contained sufficiently clear information to allow a conclusion to be reached about Dr Usmani’s experience. The panel took into account the advice from the Department of Health ‘in an individual case, it would not be good practice for PCT’s to pursue references indefinitely on the off chance that one will eventually be satisfactory.’[7]


  1. The panel did not consider that ground c. above applied to Dr Usmani as the NHS Performers Lists Regulations refers to an 'armed forces GP'[8] and this regulation disapplies Regulation 6(2)(a) when dealing with an armed forces GP. 


  1. The panel therefore regard Dr Usmani as unsuitable to be included on the performers list because of the lack of tangible evidence of his ability to undertake the performers role.  Conditional inclusion under regulation 8 NHS (Performers Lists) Regulations 2004 is not an option if a decision is made on the unsuitability ground.












      8.   Finally, in accordance with Rule 42 (5) of the Rules we hereby notify that a             party to these proceedings can appeal this decision under Sec 11 Tribunals &             Inquiries Act 1992 by lodging notice of appeal in the Royal Courts of Justice,             The Strand, London WC2A 2LL within 14 days from receipt of this decision






Dated this 28 day of March 2006



A Harbour – chair

Dr R Sadek – professional

S Brougham – member


[1] Bundle page 8

[2] Bundle page 3

[3] Bundle page 32

[4] Bundle pages 33 and 34

[5] Bundle page 10

[6] Bundle page 1

[7] Primary Medical Performers Lists.  Advice for Primary Care Trusts on list management.  Department of Health 2004 paragraph 13.4

[8] The National Health Service (Performers Lists) Regulations 2004 regulation 24(3)