IN THE FAMILY HEALTH SERVICES APPEAL AUTHORITY

Case No: 11483

JUDITH R CRISP CHAIR

DR S SHARMA PROFESSIONAL MEMBER

MRS I DALE MEMBER

BETWEEN

DR S S KUMAR

GMC No. 2463810

Appellant

and

BOLTON PRIMARY CARE TRUST

Respondent

DECISIONS AND REASONS

This is an Appeal pursuant to Regulation 15 of the NHS (Performers List) Regulation 2004 against a refusal by Bolton PCT to admit Dr Kumar to the Performers List under Regulation 6(1) of the Regulations..

The Panel confirmed at the start of the Hearing that they had no prior knowledge or involvement in the case.

The Panel requested that the Hearing deal with the preliminary issue as to whether Dr Kumar was in fact already included on the Medical List of Bolton PCT and automatically transferred to the Performers List as at 1^st April 2004.

DECISIONS AND REASONS

Preliminary Issues

1. The Panel heard oral evidence from Dr Kumar and Mary Turner from the PCT.

2. It was accepted during the course of evidence that Dr Kumar was admitted to Bolton PCT’s Medical List in May 2003. The PCT requested that Dr Kumar make an application to join their supplementary list believing that she was required to do so. That application was subsequently refused. Mary Turner accepted in evidence that she was unaware of the NHS (Performers List) Regulations 2004.

3. Mr Sharples, on behalf of the PCT, in submission conceded that the Regulations had not been fully appreciated and that Dr Kumar’s name should have been automatically transferred to the Performers List. He offered apologies from the PCT to Dr Kumar and said it was an innocent omission.

Law

1. Under Paragraph 2 Schedule 1 of the NHS (Performers List) Regulations 2004 any Medical Practitioner whose name immediately before 1^st April 2004 was included on the Medical List should be automatically included on the Medical Performers List

Findings

1. The Panel accept that Dr Kumar was included on the Medical List and it therefore follows that Dr Kumar is included on Bolton PCT’s Primary Medical Performers List.

2. As such the Panel grant the Appeal and declare that Dr Kumar’s name should be formally included on Bolton PCT’s Primary Medical Performers List.

Either party to these proceedings has the right to appeal this decision under and by virtue of Sec.II Tribunals and Inquiries Act 1992.

DATED this…………day of………………2005

……………………………

Chairman