14620 - NEATH PORT TALBOT LHB andDR ANDREW GILBEY - Appeal against removal from the Performers List

Judgement Number14620
CourtFirst-tier Tribunal (Health, Education and Social Care Chamber)
1
IN THE FAMILY HEALTH SERVICES APPEAL
AUTHORITY CASE 14620
Professor M Mildred - Chairman
Dr R Sadek - Professional Member
Mr AJ Lloyd - Member
BETWEEN
DR ANDREW GILBEY
(Registration Number 274211)
Appellant
and
NEATH PORT TALBOT LOCAL HEALTH BOARD
Respondent
DECISION WITH REASONS
Background
1. By a letter dated 10 June 2008 the Respondent (“the LHB”) removed the Appellant (“Dr.
Gilbey”) from its Medical Performers List on the ground of efficiency under regulations 10(3) and
Regulations”) and for failure to comply with a condition imposed on his contingent removal
imposed upon him on 10th January 2008 under Regulation 12(3)(c). By his notice of appeal
dated 2nd July 2008 the Appellant appeals against that decision.
2. Dr Gilbey worked from 1 April 1988 at the Cwmllynfell Practice, which comprises two modern
surgeries in which he has invested his own funds, whose list is about 2,800 patients. In addition
he has undertaken some hospital and out-of-hours work. In July 2006 the LHB received a letter
from the manager of Cwrt Enfys Nursing Home in Ystradgynlais complaining about a number of
matters including Dr Gilbey’s reluctance to make visits, prescribing and referrals.
3. An inquiry was carried out by the Medical Director of Bridgend LHB since Dr Gilbey was
reluctant for Powys LHB (in whose district the Home was) to be involved. As a result of this
report and a Performance Panel, and despite many criticisms of the process by Dr Gilbey, there
was an agreement that Dr Gilbey would undergo a formal NCAS assessment. In the light of the
draft report the LHB suspended Dr Gilbey on 4 September 2007 for 6 months.
4. The help of the Cardiff Deanery was enlisted and an Advanced Training Practice (“ATP”) was
found for Dr Gilbey to provide 6 months retraining in the light of the recommendations of the
NCAS. Dr Gilbey entered into a Service Level Agreement with the Deanery for this purpose on
15 January 2008. On 10 January 2008 the LHB lifted the suspension and contingently removed
Dr Gilbey from its List subject to satisfactory completion of 6 months retraining and Dr Gilbey not
otherwise practising medicine during that period. On 23 April 2008 this was terminated by the
ATP without notice. As a result of which the LHB removed Dr Gilbey from its List as set out in
paragraph 1 above. It is fair to record that Dr Gilbey has complained loudly and at length about
each stage of these procedures.
Procedural history
5. Dr Gilbey was initially unrepresented and raised a number of questions concerning procedure
and the evidence to be led at the hearing of the appeal. We dealt with these in a Note on
Procedure dated 7 August 2008. By the time of a directions hearing on 28 August 2008 it had
become clear that the number and complexity of the issues in the appeal rendered the proposed
length of the hearing (estimated at 2-3 days) unrealistic and we directed that the appeal should

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