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In the Family Health Services Appeal Authority case no: 11351

Heard at Harrogate

On 3 November 2004

Before

Mr J D Atkinson (Chairman)

Dr R K Rathi

Mr R D W Rhodes

Between

Dr K K PAL

Appellant

and

SOUTH TYNESIDE PRIMARY CARE TRUST

Respondent

Representation:

For the Appellant: None in attendance

For the Respondent: None in attendance

DECISION AND REASONS

The Appeal

1. This is an appeal by Dr K K Pal against South Tyneside Primary Care Trust’s imposition of conditions on his inclusion on its performers list under the 1977 Health Services Act 1977 and associated regulations.

The Proceedings

2. On 21 April 2004 the Respondent imposed the following condition on the Appellant’s inclusion on its performers list:

i. the Appellant to be referred to the National Clinical Assessment Authority (NCAA) for an assessment to be carried out

ii. the Appellant co-operate with the NCAA assessment

iii. the Appellant undergo any training or other action recommended by the NCAA

3. On 6 July 2004 the Respondent imposed a further condition on the Appellant’s inclusion on its list in the following terms:

i. the Appellant may only work in South Tyneside in accredited practices under supervision until the outcome of the NCAA assessment

4. On 30 July 2004 the Appellant gave notice of appeal against the imposition of the condition dated 6 July 2004.

5. On 2 August 2004 the Appellant gave notice of appeal against the imposition of the condition dated 21 April 2004 and further notice against the imposition of the condition dated 6 July 2004

6. The Appellant and Respondent chose not to attend the hearing and agreed to the appeal being determined on consideration of the papers only. Prior to the hearing the parties had agreed that the Respondent would not oppose the appeal.

7. For the hearing, the Panel had a bundle of documents numbered to 12. They are a matter of record and it is not necessary to set out the contents of that bundle here.

8. In addition, the Appellant submitted 2 letters dated 2 November 2004 together with an enclosure and the Respondent submitted a letter dated 2 November 2004.

Findings of Fact

9. On 21 April 2004 the Respondent imposed conditions on the Appellant’s inclusion on its performers list.

10. On 6 July 2004 the Respondent imposed a further condition on the Appellant’s inclusion on its list.

11. On 30 July 2004 the Appellant gave notice of appeal against the imposition of the condition dated 6 July 2004.

12. On 2 August 2004 the Appellant gave notice of appeal against the imposition of the condition dated 21 April 2004 and further notice against the imposition of the condition dated 6 July 2004

13. By letter dated 2 November 2004 the Respondent stated that they no longer opposed the appeal.

Decision and Reasons

14. On the Respondent’s withdrawal of its opposition to the appeal the Panel allows the appeal of Dr K K Pal against the imposition of conditions, dated 21 April 2004 and 6 July 2004, on his inclusion on its performers list.

15. The Panel notes that no formal record of the imposition of conditions dated 21 April 2004 and 6 July 2004 is retained by the Family Health Services Appeal Authority.

Summary

16. The Appeal is allowed.

17. 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

Signed Date

MR J D Atkinson

Chairman

Dr R K Rathi - Professional Member

Mr R D W Rhodes - Lay Member