IN THE FAMILY HEALTH SERVICES APPEAL AUTHORITY

 

CASE NO: 12384

 

 

C. Barker              - Chairman

Dr I. A. Lone        - Professional Member

Mr C. M. Barnes  -  Lay  Member

 

 

 

BETWEEN:

 

 

NEWCASTLE PRIMARY CARE TRUST

 

Applicant

 

and

 

 

DR SYED M KHADRI

(GMC NO:  1557369)

 

Respondent

 

 

 

 

DECISION

 

 

 

Background

 

On 31st March 2005, the Applicant suspended the Respondent from its Performers List for a period of 3 months ending on 30th June 2005, because the Applicant was satisfied that it was necessary to do so to protect the public. On 27th June 2005, the Applicant extended the period of suspension for a further 3 months, expiring on 30th September 2005. On 14th September 2005, the Applicant applied to The Family Health Services Appeal Authority (FHSAA) to extend the period of suspension to 30th November 2005 and, by letter dated 23rd November 2005, the Applicant amended its application and applied that the period of suspension be extended to 31st May 2006. On 14th December 2005, a Panel of the FHSAA granted the Applicant’s application to extend the suspension but only until 31st March 2006. Furthermore, the Panel announced that, in the event of there being a further application to the FHSAA to further extend the period of suspension, then the Panel expected the parties to file detailed evidence in respect of the matters set out in paragraph 23 of their written Decision and Reasons dated 14th December 2005.

 

The Present Application

 

By letter dated 9th March 2006, the Applicant applied to the FHSAA for a further order extending the period of suspension to 31st May 2006, in order to facilitate the completion of a performance assessment by the National Clinical Assessment Service (NCAS). However, by letter dated 8th May 2006, the Applicant has amended the application to a request for an order extending the suspension to 20th August 2006.

 

Our Decision

 

By letter dated 18th May 2006, the Medical Protection Society, on behalf of the Respondent, has agreed to the Applicant’s application to extend the period of suspension to 20th August 2006. Furthermore, the Panel is satisfied that the parties have filed the detailed evidence referred to in paragraph 23 of the Panel’s Decision and Reasons dated 14th December 2005.

 

In these circumstances and in accordance with Regulation 13(6) of The National Health Service (Performers Lists) Regulations 2004, the Panel grants the application and makes a further order extending the period of the Applicant’s suspension to 20th August 2006.

 

As the application to further extend is with the consent of the Respondent, the Panel does not propose to give a statement of its reasons, pursuant to Regulation 42(1) of The Family Health Services Appeal Authority (Procedure) Rules 2001 ( the Rules).

 

 

Appeal

 

In accordance with Rule 42(5) of the Rules, we hereby notify the parties that a party to these proceedings can appeal this Decision under Section 11 of The Tribunals and Inquiries Act 1992 by lodging notice of appeal in The Royal Courts of Justice, The Strand, London WC2A 2LL within 21 days from the receipt of this Decision.

 

 

 

Dated this 30th day of May 2006.

 

 

 

 

……………………………………

 

C Barker   -   Chairman