England and Wales High Court (Administrative Court) Decisions

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT IN MANCHESTER

		Sitting at: Manchester Civil Justice Centre 1 Bridge Street West Manchester M3 3FX
		3 July 2012

MR JUSTICE HICKINBOTTOM:

1. This is an application under section 41A(6) and (7) of the Medical Act 1983 for an extension of the interim order of the Interim Orders Panel of the Claimant ("the GMC") to suspend the registration of the Defendant, Dr Rick Kealoha. The current interim suspension is due to expire on 12 July 2012. The court may extend such an order for up to 12 months.
2. The criteria to be applied by the court in considering such an order are the same as those for making an interim order by the regulatory body, including the gravity of the allegations, the seriousness of the risk of harm to patients, the reasons why the case has not been concluded and the prejudice to the practitioner if the interim order is continued. Those criteria derive from the well-known passage from the judgment of Arden LJ in General Medical Council v Hiew [2007] EWCA Civ 369. The burden is on the regulatory body to show, on the balance of probabilities, that the criteria are met and that an extension should be granted.
3. Dr Kealoha qualified as a doctor in Prague in July 2009, and he obtained an Foundation Year 2 Senior House Officer level job in medicine for the elderly with the Royal Bournemouth and Christchurch NHS Trust in November 2010. That job had a relatively high level of support and supervision. During an eight week period, it was noted by a number of supervising doctors, including Professor Allen who supervised him directly for two weeks, that his basic skills were lacking, including clerking a patient, the inability to perform an intravenous canulation and note-keeping. His contract was terminated.
4. So far as the GMC was concerned, as a result of these concerns, in January 2011 they attached conditions to Dr Kealoha's registration; and, from 22 June 2011, they suspended him on an interim basis. That suspension has been maintained subsequently. In the most recent decision of the Interim Orders Panel dated 14 February 2012, the Panel were satisfied that, if the allegations made against him were true, then Dr Kealoha posed a real risk to members of the public.
5. Dr Kealoha's attitude towards the disciplinary proceedings has not been consistent. In June 2011, he indicated that he intended to continue looking for a post in the United Kingdom and he was willing to undergo a performance assessment. However, in November 2011 he emailed the GMC to ask them to remove him from the Register, and that has been followed by a more recent similar plea, although he has not made a formal application for voluntary removal.
6. Taking into account the factors that I must, I am satisfied that it is appropriate to extend the time of the interim suspension order. I have particularly taken into account the serious nature of the allegations, namely that Dr Kealoha lacks basic skills which would result in a serious risk to the public if he were allowed to practise. I also take into account the reasons why the case has not been concluded, the history of which is set out in the statement of James Stables dated 9 March 2012: and, importantly, the fact that this matter has now been referred to a Fitness to Practise Panel and a hearing has been fixed to take place in November next, and it is thought that the hearing will conclude that month. I also take into account the relative lack of prejudice to Dr Kealoha: the extension will have a limited adverse effect on him because he has indicated in robust terms that he does not intend again to practise in the United Kingdom. I am satisfied that the authority is proceeding to a conclusion with reasonable expedition and that the proceedings will be concluded by the end of the extension I propose to make.
7. Consequently, under section 41A of the 1983 Act, I will extend the interim suspension order from the current expiry date of 12 July 2012 to 12 January 2013.
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