The decision of a Competence and Conduct Committee to have a physiotherapist (the appellant) struck off has been overturned. The appellant, the physiotherapist at a well-known professional rugby club, was found to have facilitated that rugby club’s cheating by providing fake blood capsules to a player so that he could have a “blood substitute” (thus enabling him to return to the pitch). Ouseley J held that the appellant was not a risk to her patients and, as the purpose of sanctions was not to punish but to protect the public, the Committee was obliged to provide specific reasons for such an extreme decision. In particular, the judge held that the Committee should have had particular regard for the appellant’s honesty, insight and remorse. The case is to be remitted to the Committee for reconsideration. Ouseley J criticised the Committee’s “one strike and you’re out policy” and suggested that a years’ suspension might suffice.

Brennan v Health Professions Council [2011] EWHC 41 (Admin)