Care Standards Tribunal, 2025-03-12 (Dr Sacha Simon v Care Quality Commission)
| Jurisdiction | United Kingdom |
| Court | Care Standards Tribunal |
| Neutral Citation | [2025] UKFTT 00313 (HESC) |
| Date | 12 March 2025 |
| Registration Number | 2024/01145/.EA |
1
First-tier Tribunal Care Standards
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social
Care) Rules 2008
NCN: [2025] UKFTT 00313 (HESC)
Case No. 2024-01145.EA
Hearing at Birmingham Civil Justice Centre 24/02/25 to 28/02/25
BEFORE
Tribunal Judge – T. Thorne
Specialist Member – Mr. J. Hutchinson
Specialist Member- Ms. M. Harris
BETWEEN Dr. Sacha Simon Appellant
-v-
Care Quality Commission (CQC) Respondent
DECISION
Representation
The Appellant: Mr. J. Ogunshakin, Counsel
The Respondent: Ms. T. Deignan Counsel
Background
1. The following is taken from the Respondent’s skeleton argument and
accurately sets out the background. This case involves the appeal dated 29
May 2024 by Dr Sasha Simon (the Appellant) against the decision of the
Care Quality Commission (the Respondent) contained in a Notice of
Decision (NoD) letter dated 3 May 2024. The NoD adopted the
Respondent’s Notice of Proposal (NoP) dated 13 March 2024 to cancel the
Appellant’s registration as a Provider in respect of the Regulated Activity of
Diagnostic and screening procedures; Family planning; Maternity and
Midwifery services; Surgical Procedures; and Treatment of disease,
disorder or injury which was carried out from the Whitestone Surgery, 82
Bulkington Lane, Nuneaton, Warwickshire CV11 4SB.
2
2. Until his suspension from the GP Performers List by NHS England (NHSE)
and the General Medical Council (GMC) the Appellant had been providing
his services as a single handed GP from the Whitestone Surgery, together
with a Practice Nurse (SM2), a Healthcare Assistant (SM4) [HCA], a
Practice Manager (SM10, the Appellant’s wife), a cleaner and two
receptionists.
3. The Practice is situated within the Coventry and Warwickshire Integrated
Care System (ICS) and delivers General Medical Services (GMS) to a
patient population of approximately 2,364. This is part of a contract held with
the NHSE. The practice is not part of any Primary Care Network (PCN); a
PCN is a wider network of GP practices that work together to address local
priorities in patient care.
Restricted Reporting Order
4. The Tribunal makes a restricted reporting order under Rule 14(1) (a) and (b)
of the 2008 Rules, prohibiting the disclosure or publication of any documents
or matter likely to lead members of the public to identify the users of the
service in this case so as to protect their private lives.
Late Evidence
5. During the hearing the Appellant submitted new evidence at various stages
of the proceedings. In relation to this new material, the Tribunal applied rule
15 of the Tribunal Procedure (First Tier Tribunal) (Health Education and
Social Care Chamber) Rules 2008 and took into account the overriding
objective as set out in rule 2 and admitted the late evidence as it had some
relevance to the issues in dispute.
The Hearing
Evidence on behalf of the Respondent
6. The Tribunal heard the oral testimony and took into account the written
evidence of the following witnesses:
a. Dr Janet Hall, CQC National Clinical Advisor for General Practice &
GP Specialist Advisor. She was part of the inspection of 12 January
2024 and the assessment of 13 December 2024, reviewing
documentation.
b. Yvette Delaney, CQC inspector. She was part of the team for the
assessments of 11 July 2024 & 13 December 2024
c. Dr Zishan Syed, CQC GP Specialist Advisor. He was part of the team
for the assessments of 11 July 2024 & 13 December 2024
d. Amanda Lyndon, CQC Deputy Director
e. Shanaz Munim, CQC Operations Manager
f. Timothy Sacks, Director of Primary Care of Coventry and
Warwickshire ICB who provided information about concerns
identified by the ICB.
g. The Panel also read the witness statement of Louise Naylor, former
CQC inspector who was involved in the inspection of 12 January
2024.
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