IN THE FAMILY HEALTH
SERVICES APPEAL AUTHORITY
Case
No: 12034
MR A G HARBOUR CHAIR
DR R SADEK PROFESSIONAL
MRS S BROUGHAM MEMBER
BETWEEN
ISLAM USMANI
Appellant
and
HILLINGDON PRIMARY CARE TRUST
Respondent
- This is an appeal by Islam Usmani (Dr Usamni)
against the decision of the Hillingdon Primary Care Trust (the PCT) made
on 22 August 2005 not to include him on the performers list. The appeal was scheduled to be heard on
12 December 2005. At Dr Usmani’s
request the hearing was re-scheduled to take place after 15 March 2006 as
he was working abroad. The hearing
took place on 28 March 2006. Dr
Usmani did not attend (he was aware of the hearing date) and the PCT indicated
on 29 September 2005 that it was content for the appeal to be ‘considered
on the papers alone.’
- The decision
of the PCT was made on three grounds contained in the NHS (Performers
Lists) Regulations 2004:
a. that it
considered Dr Usmani unsuitable for inclusion in its performers list
(regulation 6(1)(a);
b. having contacted the referees it was not satisfied with the
references; and
c. Dr Usmani
had not provided satisfactory evidence that he intended to perform services in
its area.
The appeal to
the FHSAA is by way of re-determination and so the panel do not have to adopt
the grounds relied upon by the PCT. In
this case, however, the grounds relied upon by the PCT, and challenged by Dr
Usmani, provided a convenient starting point for the panel.
- In relation to ground a. the panel were provided
with the references upon which the PCT relied. The reference by Dr Thornton referred to Dr Usmani’s
practice in the late years being restricted ‘to serving military
personnel, ie no children or elderly.’ The reference by Dr Walker refers to Dr
Usmani’s skills reflecting his ‘long period working in narrow niche of
Army (sic) primary care’ and therefore ‘some sort of assessment by a
retainer tutor or similar may be your only safe way to ensure his skills
etc are OK for mainstream or GPs practice.’ Dr Govindasany referred to Dr Usmani’s
previous practice experience and appeared to be saying that although Dr
Usmani had not worked in a ‘family practice’ he had experience comparable
with ‘civilian practices’.
- Despite the lack of clarity of Dr Govindasany’s
reference, the panel considered that the broadly similar assessments by
Drs Walker and Thornton clearly indicated the limitations of Dr Usmani’s
clinical experience. The panel
also noted that Dr Usmani’s application disclosed that he has not worked
in general practice outside the armed services since 1979
and despite this he regarded himself as being ‘fully confident and capable
of doing short term locums with the General Practice for the Hillingdon
area.’
- The panel noted under ground b. above that although
Dr Govindasany’s reference was unclear, the references taken together
contained sufficiently clear information to allow a conclusion to be
reached about Dr Usmani’s experience. The panel took into account the
advice from the Department of Health ‘in an individual case, it would not
be good practice for PCT’s to pursue references indefinitely on the off
chance that one will eventually be satisfactory.’
- The panel
did not consider that ground c. above applied to Dr Usmani as the NHS
Performers Lists Regulations refers to an 'armed forces GP'
and this regulation disapplies Regulation 6(2)(a) when dealing with an
armed forces GP.
- The panel therefore regard Dr Usmani as unsuitable
to be included on the performers list because of the lack of tangible
evidence of his ability to undertake the performers role. Conditional inclusion under regulation
8 NHS (Performers Lists) Regulations 2004 is not an option if a decision
is made on the unsuitability ground.
8. Finally,
in accordance with Rule 42 (5) of the Rules we hereby notify that a party to these proceedings can
appeal this decision under Sec 11 Tribunals & Inquiries Act 1992 by lodging notice of appeal in the
Royal Courts of Justice, The
Strand, London WC2A 2LL within 14 days from receipt of this decision
Dated this 28 day of March 2006
……………………………………
A Harbour – chair
Dr R Sadek – professional
S Brougham – member