IN THE FAMILY HEALTH SERVICES APPEAL AUTHORITY

Case No: 12332

 

 

Mr Paul Kelly            - CHAIRMAN

 

Dr Ifti Lone                – PROFESSIONAL MEMBER

 

Mr Colin Barnes        -  MEMBER

 

 

BETWEEN

 

 

 

SEDGEFIELD PRIMARY CARE TRUST

 

 

Applicant

 

 

and

 

 

 

 

DR RICCARDO BENCI

GMC NO: 6033672

 

Respondent

 

 

 

__________

 

 

DECISION WITH REASONS

 

__________

 

 

 

  1. On 10th January 2006 the Applicant removed the Respondent from it’s Performers List under paragraph 10(1)(b) of the National Health Service (Performers List) Regulations 2005 (“The Regulations”,) following his conviction and sentence of 15 months’ imprisonment for offences of making indecent moving images of children.

 

  1. The Applicant now applies for a National Disqualification under the provisions of Sec.49N(1) National Health Service Act 1977 (as amended).

 

  1. The Respondent has been sent notice of the application addressed  to the prison in which he was last detained and including his unique prison number. There has been no response.

 

  1. We have the advantage of a full transcript of H.H. Judge Whitburn’s summing up, mitigation and sentencing remarks.  The sentencer describes the offences  as “……..so serious that the custody threshold is well and truly exceeded.” and in addition to the term of imprisonment, disqualified the Respondent from working with children in any capacity and ordered him to register under the Sex Offenders Act indefinitely.

 

  1. We are satisfied the Respondent is unsuitable to be on any Performers List and order National Disqualification from inclusion in all lists prepared by all Primary Care Trusts and all Health Authorities including but not limited to those referred to in 49N(1) National Health Service Act 1977 as amended.

 

  1. We are further satisfied that the criminal conduct of the Respondent is such that there is no realistic prospect of a successful review at the end of the two year period set out in 49N(8) National Health Service Act 1977 and by Reg.19(a) of The Regulations direct the two year period be replaced with a period of five years.

 

7.  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 21 days from receipt of this decision

 

 

   Dated this 1st June 2006.

 

 

 

 

 

                                                          ………………………………………

 

                                                                    Paul Kelly  - Chairman