IN THE FAMILY HEALTH SERVICES APPEAL AUTHORITY

Case No: 11631

 

 

MR P KELLY            –          CHAIRMAN

 

DR J CHOPE –             PROFESSIONAL MEMBER

 

MRS L JACOBS             –          MEMBER

 

 

BETWEEN

 

 

 

MR INDERBHAJAN SINGH PALAHEY

GDC NO: 67613

Appellant

 

 

and

 

 

 

 

EAST LEICESTERSHIRE PRIMARY CARE TRUST

 

Respondent

 

 

 

__________

 

 

 

DECISION WITH REASONS

 

 

 

  1. On 9 June 2005 the Panel dismissed an appeal by Mr Palahey (the Appellant) against a decision of East Leicestershire Primary Care Trust (the Respondent) to remove him from the Dental List.  In written reasons the Panel indicated it would re-convene for the purpose of considering a National Disqualification under 49N National Health Service Act 1977. This is the resumed hearing.

 

  1. The Appellant indicated by telephone on 14 July 2005 he did not intend to appear. The Respondent appears through Miss K Bhogal of Beachcroft Wansbroughs.

 

  1. The decision at local level is founded upon a criminal conviction for dishonestly receiving £15,000 from the Dental Practice Board. In determining the appeal the Panel said that practitioners, staff and patients must be able to rely on the integrity of primary health care providers, and that dishonesty of the type demonstrated in this case fatally undermines the confidence which should be inspired by a NHS practitioner.

 

  1. The failings identified in the appeal go beyond local concerns, striking as they do at the very heart of the honesty expected of a dental professional remunerated at public expense.

 

  1. We are of the unanimous view the Appellant should be made subject to a National Disqualification under 49N National Health Service Act 1977 from all principal, supplementary and service dental lists held by all Primary Care Trusts.

 

  1. Any party to these proceedings has the right to appeal this decision under and by virtue of Sec.11 Tribunal and Inquiries Act 1992.  A notice of appeal must be filed in the District Registry at an Appeal Centre on the circuit in which the FHSAA is situated within 28 days.

 

 

 

 

 

 

 

                                      Dated this    day of July 2005.

                                                                                                ………………………….

                                                                                                            Paul Kelly