MS M LEWIS - CHAIRMAN
DR P WRAY - PROFESSIONAL MEMBER
MS L THURLOW - MEMBER
ROWLEY REGIS & TIPTON PCT
Mr S KHADUN
DECISION WITH REASONS
3. The hearing of the application was originally scheduled for 16 March 2006. It was adjourned at the request of Mr Khadun's then solicitors, who by letter dated 10 February 2006 requested that the matter be adjourned until his release from prison on 24 March 2006. The Panel agreed to that application in order to give Mr Khadun the fullest opportunity to take legal advice and make any representations that he wished to. The FHSAA has heard nothing further from Mr Khadun so approached his solicitors who advised that they were no longer acting for him and no address that they were willing to disclose. The FHSAA therefore sent the Notice of Hearing to Mr. Khadun’s address listed on the GDC website, having never had a current address on file. The Panel unanimously concluded that there had been service of the Notice of Hearing and that Mr Khadun had had every opportunity to participate and present his case during these proceedings. Mr. Khadun has filed no documents.
4. Ms J Jones of Counsel represented the PCT and called Ms Cullotty of Sandwell PCT who investigated the matter, and Nicholas Aronin of NHS Counter-Fraud Services as witnesses. Both adopted their statements, which we read together with the other documents in the Applicant’s bundle.
5. The Department of Health's guidance (published 9 August 2004) contains 2 relevant propositions: “where the facts of the case are serious it would be 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 of their decision were essentially local it would be normal to give serious consideration … to an application for National Disqualification.”
6. In determining the application made by the PCT herein, we found that the Grounds of Application are well made out. The PCT were bound to remove Mr Khadun from their Dental Performers List and, in the light of the Department of Health’s guidance as noted above, quite properly and we find quite rightly, made an application for National Disqualification. The PCT’s action we find was entirely proper and proportionate. We would go so far as to say it was inevitable in the light of the conviction as the nature of the fraud related directly to the provision of dental services. We find applying any standard of proof that Mr Khadun is unsuitable as a result of his conviction to be included in any Performers List.
Our order is that pursuant to Section 49N of the National Health Services Act as amended by the Health and Social Care Act 2001, the Respondent Mr Khadun be disqualified from inclusion in all Performers Lists prepared by all Primary Care Trusts, all lists deemed to succeed or replace such lists by virtue of Regulations made thereunder.
We direct pursuant to Regulation 19 (a) of the NHS Performers List Regulations 2004 that there should be no application to review the National Order for Disqualification within 5 years.
9. 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 28 days from receipt of this decision
Ms M E Lewis
8 June 2006