14931 - Dr A Varga and Hampshire PCT - Appeal against removal from the dental performers list
| Judgement Number | 14931 |
| Court | First-tier Tribunal (Health, Education and Social Care Chamber) |
1
IN THE FAMILY HEALTH SERVICES APPEAL
AUTHORITY CASE 14931
Professor M Mildred - Chairman
Dr D Kooner - Professional Member
Mr W Nelson - Member
BETWEEN
DR ALEXANDRU VARGA
(Registration Number 112657)
Appellant
and
HAMPSHIRE PRIMARY CARE TRUST
Respondent
DECISION WITH REASONS
The appeal
1. By a letter dated 10 October 2008 the Respondent (“the PCT”) removed the Appellant (“Dr.
Varga”) from its Dental Performers List on the ground of efficiency under regulations 10(3) and
10(4)(a) of the National Health Service (Performers Lists) Regulations 2004 (“the Regulations”)
after a Contractor Performance Panel (“CPP”) of the PCT had reviewed the case on 7 October.
Background
2. Dr Varga is a Romanian national who in June 2008 was working for ADP in Tadley. A dental
nurse at the practice by an undated letter to the General Dental Council (“GDC”) drew attention to
some 14 concerns about Dr Varga’s clinical practice. This was notified to the PCT who met with
the Clinical and Regional Managers of ADP on 7 July 2008 who confirmed that they had given
him three months notice of termination of his contract expiring at the end of September because
of clinical issues and operational issues including his communication with patients. After this
meeting Dr Varga’s contract with ADP was terminated with immediate effect on 8 July 2008.
3. After an oral hearing of the CPP (which Dr Varga attended with Dr Ingham of his Defence
Union) on 10 July the PCT suspended Dr Varga for a maximum of six months to permit a full
investigation of the allegations of clinical malpractice.
4. The CPP met again on 5 August 2008 in Dr Varga’s absence and decided to “propose Dr
Varga’s removal from the List”. By a letter dated 7 August 2008 the PCT informed Dr Varga that
the CPP had “determined that his continued inclusion on the List would be prejudicial to the
efficiency of the services which those included in the List perform” and “concluded that he should
be removed from the PCT’s Dental Performers List under Regulation 10(3) and 10(4)(a)”.
5. Dr Varga was invited to make written representations against this decision or to put his case at
an oral hearing by 4 September 2008 failing which the CPP would “consider whether or not to
remove him for the List”. After a request from Messrs RadcliffesLeBrasseur on behalf of Dr
Varga the PCT extended time for representations to 22 September 2008 because Dr Varga was
out of the country until 15 September.
6. On 18 September 2008 the Interim Orders Committee of the GDC imposed 10 conditions on Dr
Varga’s registration, effectively requiring him to undergo an assessment by the Deanery and only
to practise under supervision. The CPP met again on 7 October and agreed in the absence of
any representations from Dr Varga to remove him under Regulation 10(4)(a) and notice of the
decision was given to him by letter dated 10 October 2008.
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