In the Family Health Services Appeal Authority†††††††††††††† case no: 11326
Heard at Harrogate
On 20 October 2004
Mr J D Atkinson (Chairman)
Dr R K Rathi
Mr C M Barnes
Darlington Primary Care Trust
Dr Syed Amjad Husain
For the Applicant:††††††††††† None in attendance
For the Respondent:†††††† None in attendance
Prior to the hearing the panel members confirmed that they had no prior involvement or knowledge of the case.
DECISION AND REASONS
1.††††† This is an application by Darlington PCT for National Disqualification of Dr ††††† Syed Amjad Husain under section 49 the National Health Act 1977(as †††††††† amended) and associated regulations.
2.††††† On 19 July 2004 the Applicant applied for removal of the Respondent from the performers list and a national disqualification on the ground that he had been convicted in the United Kingdom of a criminal offence and had been sentenced to a term of imprisonment of over six months.
3.††††† The Respondent neither opposed nor consented to the application. In a letter dated 26 August 2004 the Respondentís representative, Dr W Smith of the Medical Protection Society, stated that the Respondent would not be attending an oral hearing nor would he be represented.
4.††††† For the hearing, the Panel had before it a bundle of documents numbered to page 38 which included an official transcript of proceedings held at the Combined Court Centre in Leeds on 17 May 2004 before His† Honour Judge N Jones.
5.†††† The Panel proceeded in the absence of the parties.
6.††††† The relevant law is set out in section 49 of the Health and Social Care Act 2001 and the National Health† Service (Performers Lists) Regulations 2004. It† may be summarised so far as is relevant† as follows:
The Primary Care Trust must remove the performer from its list of performers where it becomes aware that he has been convicted in the United Kingdom of a criminal offence and had been sentenced to a term of imprisonment of over six months.
If the FHSAA removes the practitioner from a list, it may also decide to disqualify him by imposing a national disqualification.
Findings of Fact
††† A††††††††††† a sentence of two-and-a-half years imprisonment in respect of the 4 ††† counts of indecent assault
††† B††††††††††† a sentence of twelve months of imprisonment for the 2 offences of taking indecent photographs of patients, to run consecutive with the indecent assault sentences, making a total of three-andĖa half years of imprisonment
††† C††††††††††† a sentence of 3 months imprisonment in respect of 11 charges of making indecent photographs of a child, to run concurrent with the above sentences
††† D††††††††††† a sentence of eight months imprisonment in respect of 5 charges of possession of photographs depicting sexual penetrative acts against children, to run concurrent with the above sentences
21. In addition, the Respondent was made subject to the following:
††††††††† An extended two year period of licence
††††††††† Registration on the Sex Offenders Register for life
††††††††† Prohibition from working with children for life
22. The three outstanding charges of indecent assault were ordered to lie on the file marked not to be proceeded with save for order of the court.
23. In arriving at the sentences the Judge noted the mitigating features of the case and the views expressed in the Pre Sentence Report that the Respondent has a medium risk of sexual reoffending
Decision and Reasons
†††††††† - the sexual nature of the offences
†††††††† - the age and vulnerability of the victims who range from young children to the elderly
†††††††† - the breach of trust arising from offences committed against the Respondentís own patients
†††††††† - the number of offences
†††††††† -the commission of offences over a relatively short period of time and within the last 18 months
†††††††† - the assessment of the Respondent as being at a medium risk of sexual reoffending
†††††††† - the length of the sentences imposed
†††††††† - the imposition of an extended licence
†††††††† - the Respondentís entry on the Sex Offenders Register
†††††††† - the imposition of a lifetime prohibition against working with children
26.††† The Panel is of the view that the risks posed by the Respondent are not restricted either to the geographic area in which the Applicant offers services nor any one single list. Accordingly, the Panel imposes a National Disqualification in respect of all lists.
27.††† The Panel orders that Dr Syed Amjad Husain be Nationally Disqualified from all lists.
28.† Any party to these proceedings has the right to appeal this decision under and by virtue of section 11 of the Tribunals and Inquiries Act 1992
MR J D Atkinson
Dr R K Rathi - Professional Member
Mr C M Barnes - Lay Member