DECISIONS AND REASONS
(1) This is an Appeal pursuant to Section 49M of the National Health Service Act 1977 against Warrington Primary Care Trust’s decision to remove Dr Roy from the Performers’ List.
(2) Both parties have agreed in writing pursuant to Section 38(1) of the Family Health Services Appeal Authority (Procedure) Rules 2001 that the Appeal can be determined without an oral hearing on the basis of papers submitted by them.
(3) On the 1st July 2003 the FHSAA contingently removed Dr Roy from the Performers’ List of Warrington PCT. The FHSAA imposed a number of conditions, Condition 6 being:
“At the conclusion of your training, you shall satisfactorily complete the four elements of the National Summative Assessment on or before 16th June 2004 irrespective of any more flexible timetable imposed by the GMC”.
(4) On the 24th June a meeting of the Performers’ Committee of Warrington PCT removed Dr Roy from the Performers’ List pursuant to Section 49M(5)(b) of the NHS Act 1977 on the basis that he had failed to comply with Condition 6 (as set out above).
(5) The PCT did not notify Dr Roy of the allegations against him, nor did it give Dr Roy the opportunity to make written representations, or to request an oral hearing against the proposal to remove his name from the Performers’ List.
(6) The PCT did not advise Dr Roy of the facts relied upon in reaching their decision.
(7) Under the NHS (Performers’ List) Regulations 2004 (10)(8) pursuant to Regulation 12(3)(c) the PCT shall give to the Performer:
a) notice of any allegation against him;
b) notice of what action it is considering and on what grounds;
c) the opportunity to make written representation to it within 28 days of the notification under said paragraph (b); and
d) the opportunity to put his case at an oral hearing before it, if he so requests, within the 28 day period mentioned in sub-paragraph (c).
(8) The PCT accept that they did not comply with the regulations and thus their decision was wrong in law.
(9) The Panel, having considered all of the papers submitted by Dr Roy and the PCT, have decided that Dr Roy’s appeal should be allowed and that Dr Roy may be included on the Warrington PCT’s Performers’ List.
(10) In accordance with Regulation 42 (5) of the FHSAA (Procedure) Rules 2001, any party to these proceedings may have a right to appeal this decision under Section 11 of the Tribunals and Enquiries Act 1992.
Judith Rosemary Crisp