Case Number: 12100


Listed at:




20th December 2005





Mr T Jones



Dr R K Rathi

Professional Member


Mr M Rayner




















(Professional Registration Number: 2349864)  









The Application


1.         On the 24th September 2005 the Applicant PCT (“The PCT”) removed the Respondents (“Dr Jackman”) name from its Medical Performers List having given him an earlier opportunity to make representations. He did not make any; and, was notified of the removal and of his right of appeal therein. He did not appeal. Subsequently, the PCT wrote to the FHSAA requesting the National Disqualification of the Respondent pursuant to Regulation 10 of the NHS (Performers List) Regulations 2004, as the Respondent is said to be unsuitable for inclusion in any Medical Performers List.




2.         The Respondent, whilst suspended from the Performers List, was convicted at Croydon Crown Court in May 2004 in respect of two counts of indecent assault and two counts of indecency with children. He was said to have committed these offences over twenty years ago (between 1979 –1983), when as a young hospital doctor, he had befriended, (the Trial Judge stating this amounted to what is now regarded as “grooming”) two young patients, then aged 14 and 12 years of age; the offences where the Jury found the defendant guilty being committed other than at the hospital. The Trial Judge, it is said, taking into account the age of the offences and there being no re occurrence. He said, “what you did to each of these boys was a savage breach of trust, not only the trust that they as individuals were entitled to expect from you as a respectable doctor but also the public trust as well. You have done no favours at all for your profession and its general standing.” Dr Jackman was ordered to serve 27 months imprisonment in total, his name was ordered be placed on the Sex Offenders Register for 10 years.  Dr Jackman appealed the convictions; the convictions were upheld.


3.         Accordingly, notwithstanding the passage of time since the offences were found to have been committed, the PCT considered that the nature of the offences were such that they demonstrated an important breach of the doctor/patient relationship of trust, and was particularly concerned that the offences were sexual offences. This being so the convictions, it is submitted, render Dr Jackman unsuitable for inclusion in the PCT list, and that a national disqualification is appropriate.


4.         Dr Jackman, having been given timely notice of the hearing did not appear or make any representations herein.           



Our Conclusions


5.         The power to make a national disqualification is contained in Section 49N of the Health and Social Care Act 2001. In August 2004 the Department of Health provided guidance on national disqualifications and delivering quality primary care: PCT Management of Primary Care Practitioners Lists.


6.         The guidance contains two relevant propositions: “where the facts of the case are serious it would wrong to allow the doctor to offer his services to every (PCT) in turn in the hope that he will find one willing to accept him”.  Further, “unless the grounds for their decision were essentially local it would be normal to give serious consideration … to an application for national disqualification”.  Therein, we refer to paragraphs 8.1.2 and 8.1.5 of the guidance notes referred to above. 


7.         In determining the application made by the PCT herein, we find that the Grounds of Application are well made out. We find that the PCT was empowered and quite right to remove Dr Jackman from their Medical Performer’s List; and, in light of the Department of Health guidance as noted above have quite properly, and we find quite rightly, made an application for national disqualification. The PCT’s action we find was entirely proper and the current application proportionate. We say this because, against any standard of proof, there can be no doubt that the offences notwithstanding the passage of time, are serious; and are such, that Dr Jackman is unsuitable as a result of such to be included in any Performers List.





8.         Our order is that pursuant to Section 49N(3) of the National Health Service Act as amended by the Health and Social Care Act 2001, the Respondent Dr J Jackman be disqualified from inclusion in all Performer’s Lists prepared by all Primary Care Trusts, all lists deemed to succeed or replace such lists by virtue of Regulations made there under.  In so doing, proportionately, we have weighed the effects of this Order upon the Appellant, against the risk to patients if a national disqualification is not made.  


9.         We direct that a copy of this decision be sent to the bodies referred to in Regulation 47 of the Family Health Services Appeal Authority (Procedure) Rules 2001. 








Mr T Jones, Chairman

20th December 2005


Either party to these proceedings has the right to appeal this decision under and by virtue of Section II Tribunals and Inquiries Act 1992.