ABSTRACT
Ms Kemp: “… You are considering an allegation in accordance with article 27(3)I of the HPO2001. You are considering an allegation made against Dr Cross which has been made under article 22(1)(a)i. That allegation, as you have heard, which was read out to you by the Hearings Officer, is that Dr Cross’s fitness to practise is impaired by reason of misconduct. And the overarching allegation is based upon particulars 1(7) of the Notice of Allegation dated 10 November 2009. That appears at page 6. You have heard already this morning from your Learned Assessor and also Mr Tyme that you consider the allegation in three stages. Firstly, is the factual element well founded, that is, proved on the balance of probabilities, and the Health Professions Council bears the burden of proof. Secondly, you then go on to consider whether those facts, if you find them to be proved, amount to misconduct. That is a matter for your professional judgement. Thirdly, if you do find that those facts amount to misconduct you consider whether fitness to practise is impaired as a result of today’s date”.
