IN THE FAMILY HEALTH
SERVICES APPEAL AUTHORITY
Mr Paul Kelly - CHAIRMAN
Dr Ifti Lone – PROFESSIONAL MEMBER
Mr Colin Barnes -
SEDGEFIELD PRIMARY CARE TRUST
DECISION WITH REASONS
- 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.
- The Applicant now applies for a National
Disqualification under the provisions of Sec.49N(1) National Health
Service Act 1977 (as amended).
- 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.
- 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.
- 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.
- 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