Regulation of Podiatry

Mark speaks wise words why ? Because he does not generalise he has taken the trouble to find out the facts and come to this conclusion.



THE Grandparented are not, ALL Grandparented do this or don't do that. Habitually tarring everyone with the same brush is not only unfair it is wholly unjust as many of us HAVE and still DO CPD to a high level ( I personally was at GCU last year on a course and work with other pods who specialise on a regular basis) and I know several that have gone on to do a masters degree so ....... ????

As Mark says Grandparenting was in 2001 that's 12 years ago and still the animosity and backward thinking prevails

Mark is out on a limb and trying to move the profession FORWARD surly its not too much to support him by burying the hatchet for once and for always to get unity and all move forward together?

Just my thoughts
Cheers
D

 

It's worth remembering that there was no SCP AGM this year because of lack of numbers. First time ever! Therein lies the greatest problem - apathy. As far as inspections - I would be quite happy to see inspections as part of the revalidation process. If they were unannounced and random I predict that there would be fewer than 1,000 podiatrists left in practice after the first round!

 

Just heard today that the case will be adjourned until the autumn. Will post a new date when I have one.

 

Mark.

I fully understand where you are coming from ,but the bottom line is you are pleading guilty and will be sentenced as such, yes you can give mitigation.

but even a absolute discharge is still a sentence, although a rare one that normally shows the court cannot understand why it was brought in the first place!!

I am off course referring to criminal courts but assume the professional one is run on the same lines.

 

Hello Pauline

This is a criminal case, Pauline, not a professional tribunal. The sentencing options are the prerogative of the magistrate or judge and he/she will take into account a number of matters, including the gravity of the offence and the plea in mitigation. This is a technical offence; it has not been done to deceive the public or to procure any advantages, financial or otherwise - but to highlight the dangers of the existing legislation and the risks it places the public when registrants are struck-off for serious lapses of standards or conduct. I am well aware of the risks to myself, however, I personally find the current legislative framework not fit for purpose and wholly unacceptable for my patients and my profession. That being the case, I find myself with no other option but to take the matter and argue the case in the judicial arena.

The case has been provisionally listed for 11 November at Westminster Magistrates Court.

Kind regards
Mark

 

If anyone had still not comprehended the "bottom line" or principle involved in this case, they indubitably should do so now.

Diarised.

 

I missed this when I first read it. That is sadly true and is one of the reasons I argued for some test of competence during the process. That happened in the 1960 grandparenting intake and those entering the register then by this route - including my father - were warmly embraced by the profession. The hurdle then consisted of a first aid exam and a basic chiropody paper. Few, if any, were refused entry. Many, like my dad, went on to hold substantive posts in the NHS.

 

An open reply to all the disbelievers in the SCP

Mark, it was still 12 years ago !!

We(The Grand parented) are still here and by now in any forward thinking organisation should be fully integrated and moving forward as a profession.

This dwelling on what should or shouldn't have happened a decade ago and still drives the momentum ( or doesn't) of the profession is frankly pathetic :wacko:

We have what we have that wont alter ( do you really think I am going to disappear because of the bigotry that exists)

Mark I will be in your shoes should the authorities want to take away my registration and be at the courts to protect my business of over 25 years or if they suddenly tell me I cant call myself a podiatrist...Get real all of you ... it aint gonna happen.

You ( yours, SCP members) couldn't get rid of us then and you wont now, get used to it ( as you seem to be slow learners)

Unite as a profession is the only way forward so lets move forward!!!

I listen on the radio to the fire brigade being downgraded to retained personnel ( the division and hatred between them and the full time firemen is at the fore in most of the reports) Look where that has got them.........:deadhorse:

The Ambulance service is using volunteer services to attend and deal with A & E situations.......same scenario

Do you really think we are so important that wont happen to our profession ?????

Think about it

Nothing personal intended Mark, I wish you all the best in your endeavours and send my sincere best wishes for a successful outcome for you, but this had to be said :empathy:
Cheers
D

 

I can appreciate where you're coming from, Derek, and I think I know you well enough by now to not be offended by what you write. Let me answer you by recounting a story from a long time ago.

I was very fortunate to have an exceptional teacher at school - a real inspiration and someone who gave me a love for the hills and the great outdoors. When I was in sixth year, we were away for a weekend up Glencoe with the school hillwalking club. By that time I was climbing reasonably hard rock routes up to E2 standard and ice routes to scottish grade 4 and was away in the hills most weekends - so a tramp up a hill with the hillwalkers was little more than a picnic. However, earlier that year, in winter, on another hillwalking weekend in the southern cairngorms, one of the younger girls had slipped on an icy path and slid down a snow slope, fracturing a couple of ribs and puncturing a lung - and I was dispatched down the hill to fetch the mountain rescue team before returning with them to stretcher her down. Whether or not my climbing experience outside the school or my exploits that day in winter that had any bearing on Norrie's confidence in me, I don't know, but by the summer he was happy to let me off at my own pace - which I duly did - and I was up the hill and back down again about an hour and a half before the rest of the group - passing them coming up on my descent.

When we were driving back down the road, Norrie asked me what I was going to write up that next week in the school paper - where I wrote a regular column. I replied - "Beath conquers the Buachaille in two and a half hours" (Beath being my school name). And he smiled and said, "But we didn't. We conquered it in four hours. The success of the group is always measured by the pace of the slowest member."

And of course, he was right, in so many ways. It is a lesson experienced regularly by the profession over the years.

All the best

 

Mark that is a great little story. I may have had plenty of education but somewhere along the way, I missed out on the life course wisdom 101. Your teacher had wisdom. My father had it, my children have it, but I missed out. Rob

 

I doubt that somehow. I sincerely hope you have been drinking! :drinks

 

Mark, you can refer to me as the oracle!
Ros

 

Protection of title within the professional landscape is meaningless unless there is clear definition and protection of function within that profession.

This is from Mark's original posting in this thread and if Mark's massive sacrifice doesn't end up putting the possibility of it (closure of the profession) back on the cards, in the near future, it may be in vain.

Behind you but concerned for you.

Bill.

 

Thanks Bill. It's been refreshing and enlightening to read the comments from colleagues, but over the next few months, the issue will be aired in the media and I'm looking forward to hearing commentary from a wider perspective. I'll give the head's up to when and where in due course.

I was thinking about Derek's comments after I wrote the post last night. Using an analogy with similar flavour. During pod school I was climbing mostly with mates from an Edinburgh club - the Junior Mountaineering Club of Scotland, but also occasionally with the Creag Dhu - a Glasgow club with a legendary reputation for hard routes and hard men. Membership with the latter was strictly invitation only - you had to prove yourself first. Partly this was to maintain the club's reputation, but there was a practical and serious reason too. To ensure you weren't a liability to yourself and your partners. There's always been plenty of pub tigers - most of whom I wouldn't have anywhere near the other end of the rope - and at some point you know you will have to stand up to the mark and prove yourself. My 'test' was during the summer before my third year - again on the Buachaiile Etive Mhor, but on the north face rather than the hillwalker's path. I was climbing with another Norrie - Muir from the Creag Dhu and one of the hardest climbers in Scotland at the time.

We were enjoying a fantastic afternoon ticking off all the classic routes on the Rannoch Wall and had stopped for a bite to eat when Norrie said quietly "Two rules to remember. First one now - you climb as if the rope isn't there" .....and he set off up Agag's Groove solo and waved me to follow. It's not terribly difficult - a V Diff in standard, but it;s a classic line up the right hand side of the face, about 600 feet long and just back a little from vertical. Good holds and a fantastic position - the last pitch is the crux, up a vertical wall of 35 feet but on small, good holds. With a rope is a dawdle. Without a rope it makes to think long and hard before you set off. When you start - and look down at your feet, there's nothing below you but the screes a long way below.

Anyhow, I managed it - obviously - and was lying - heart thumping, at the top of the route when Norrie announced, "Second rule. Don't climb anything you can't climb down..." and set off again, down the route - without a rope. You can use your imagination how it felt to lower yourself over the edge down to the first foot holds. The palms of my hands still sweat thinking about it thirty years later.

Most organisations run on similar principles - including the professions, insofar as at some point, if you wish to join them, you have to prove yourself, albeit not in so dramatic fashion as the Creag Dhu's membership initiation. Prospective members are always viewed with suspicion. It is the same for everyone.

 

Just to support Mark, the Creag Dhu was in climbing circles, and certainly in Scottish climbing circles, the equivalent of the Hell Angels: "Don't F... with me!" While I was never a member, I did climb with some of their members. One name that will never go away is Ian Nicholson; when I first met him, aged 16, I thought : what a prat - then I saw him climb. He led up a route in the Glen (nevis), the details allude me now. He shouted down to me to follow; I looked up and said to myself, you have got to be ****ing joking! We started with a moderate overhang - for the first 20 metres, then entered a crack. The route then went left over a slab - it look to me totally void of holds. I screamed up to the stance where Ian was rolling a smoke (this was 1971), I said WTF? He said - loads of holds - huge great jugs, just come on left. I looked again, saw the great jugs, about 0.005mm and thought to myself the way any climber has - well **** it, **** or bust and I just went. Mark, you might know the climb I am talking about, but sure as hell, Ian is a good boy.

 

Top man. He owned and ran the Kingshouse in the Coe for many years. And a formidable arm-wrestler - legend has it he broke the wrist of a Welsh international fly-half during a late night contest in the bar. A good man to have on your side when the chips are down!

Johnny Cunningham's photo stream

 

The next time I met him, was perhaps 5 months later; he was a "teacher" (sorry, do not know what the right title is) at Glenmore Lodge, in Aveimore. It was the day before New Year's Eve, 1971; he was dressed in, like proper clothes! Not in in a suit, but trousers, collar and tie. Compared to last time, this was a serious transformation. The next day we went through the Larig Grhu (excuse my spelling.) I spent the night in a snow hole outside the Corrour bothy (again, excuse the spelling). I came through to Braemar the next night, and hitched a lift back to Aviemore, where my tent was at Loch Morlich. I often look back at this; I was 16. Would I let my kids hitch a lift to Scotland from Manchester aged 16? I don't think so! Rob

 

Mark,

Not sure of the address. Is it being held on Monday 11th Nov at;

Westminster Magistrates Court
181 Marylebone Road
London
NW1 5BR?

See you, and anyone else who wants to demonstrate their support, there!

Bel

 

That's the place, Bel. Look forward to seeing you and atone else who might care to venture into central London on the 11th November...

 

Mark and Bel

At what time on 11th November does it all kick off?

Regards

Linda

 

I've just phoned up Westminster Magistrates and been informed it is going to be City of London magistrates, 1 Queen Victoria Street at 2pm

 

So it is. You would think they would have informed the defendant prior to the hearing, but I'm indebted as always to DP for his dedication! 2pm City of London Magistrates Court, 1 Queen Vic St. 11.11.13

Should be a suitable hostelry in the vicinity, Bel....

 

Indeed! Thanks for the heads up, Disgruntled.

Go on then, you`ve twisted my arm. Looks like the lovely Linda will also be joining us :drinks

 

Dont forget what happens on 11.11@11am....you may find crowd control and transport delays.
Just FYI

We Will remember them.
Cheers
D

 

here's one for Mark to use in his case. wording is crafty:


http://www.catebeech.co.uk/

 

You're right - it's someone masquerading as Kate Beach!
Never trust someone who doesn't capitalize their name.
Good luck Mark,
bob

 

Made me larf, Bob.

"Simon", I think you may have missed the fundamental principle involved here (unless Cate Beech has been struck off the HCPC register). The cases of Howard Price and Stephen Gardiner are just a couple of frightening examples where previously regulated pods have been found `unfit to practice` and subsequently struck off the register, only to continue business as normal to the unsuspecting public as non-regulated practitioners. Far more alarming and unsafe than the FHPs who have never been HCPC registered and work to a high standard within their scope of practice, IMO.

Cheers,
Bel

 

Caution should be used with such sweeping statement (IMHO)...

To quote the HPC (as it was at the time)... "It should be clearly stated that Mr Gardiner’s clinical ability is not in question, and accordingly issues of patient safety do not arise."

 

Darren,

Please note that I was NOT questioning Mr Gardiners' "clinical ability", I was merely highlighting examples where serious flaws in legislation following implementation of the Health Professions Order are taken full advantage of and the difference between practitioners who call themselves FHPs after being struck off the HCPC register, for being found UNFIT TO PRACTICE, and those who have undertaken an FHP course and work within those limits as defined by their professional insurance.

 

If I`m correct in understanding that Mark has plead guilty I won`t come up for the sentencing but certainly will for the execution.

Being cynical I doubt that, having plead guilty, the lawyers will expend much energy on grounds for mitigation, more likely the line of least resistance.

EU Human Rights here we come !

 

Darren

The website advertising your clinic states the following relating to Mr. Gardiner http://www.afootabove.co.uk/About_Us.htm

What was the outcome of Mr. Gardiner's HPC Fitness to Practise hearing?

Sincerely

Mark Russell

 

I can answer it for you:

and the hearing heard

So Mr Gardiner was struck off for dishonesty and fraud. Meanwhile you are advertising his services on a website using the following terms chiropody, podiatry, chiropodists and podiatrists - which is clearly misleading. Does it state anywhere he has been struck off and cannot use these terms to describe his business? It's an interesting correlation between the HPC FtP charges and your advertising strategy, don't you think?

 

Thanks for the kind word of encouragement, John! The lawyers won't be expending much energy on mitigation; I, on the other hand, probably will. I shall be presenting my own plea.

See you at the gallows.

 

Mark,

to the contrary, the Limited Company advertises as Chiropody, Podiatry & Foot Healthcare clinics. Note that it employs 4 HCPC Registered Podiatrists as well as 2 Foot Healthcare Professionals, all practicing with full insurance!

Logic would suggest therefore, if a Chiropodist/Podiatrist is practicing, then the services provided are Chiropody/Podiatry. When a non-HCPC registrant is practicing, then it is Foot Healthcare. The website clearly indicates which practitioners are HCPC registered.

Regardless of your opinion, the HCPC states on its own website that non-registrants may adopt the title of "Assistant Podiatrist". Therefore the words Chiropodist and Podiatrist aren't verboten, even in their own explanation of protection of title - blame the rule-makers!

Regardless of title or HCPC registrant status, I'm sure there are both competent and incompetent practitioners out there. It's the qualifications and application of those, not registrant status that makes a good clinician. I assume you to be a competent non-HCPC registered Foot Healthcare Professional yourself.

All the best with your court case.

regards,

Darren.

 

Yes of course, that may be so, but it is the use of the protected title under Stephen Gardiner's name that is so misleading - and deliberately so. Of course, you also don't have to mention his conviction for fraud and dishonesty at the FtP hearing and the outcome that he had been struck off - no doubt you might complain it would infringe your business rights, but that aptly demonstrates the weakness in the current legislation and how the public - and insurers, can still be at risk from this individual.

Thank you for your good wishes and if they carry the day I look forward to an amended website.

 

Not so long ago it was forbidden to associate with unregistered practioners, the SCP would come down on you like a ton of bricks.

Clearly the registered at this practice have no problems with being associated with an individual who has been deemed unfit to practice, for the long list of offences mentioned.

So much for principles & professionalism !

 

Darren Bloore,
You said

and this is correct in part, see-

"Assistants, students and trainees
A person is not committing an offence if they use a prefix such as ‘assistant’, ‘trainee’, or ‘student’. By using these prefixes there is no intention to deceive the public because the prefix implies they are not fully qualified. " (from HCPC website)

However, it is an offence for the words Chiropodist/Podiatrist be to used by non- HCPC registrants.

I have never seen anyone advertising their services as an "Assistant Podiatrist" so I am not sure what point you are making?

Podess

PS It is interesting to note that you hold a Directorship at the "College of Foothealth Professionals", which I presume is a training school of some kind?

http://companycheck.co.uk/director/915994640/MR-DARREN-BLOORE

 

Colleagues

Its going to be a busy few days so I thought I would post this up just now, in case I run out of time before monday. I have attached my plea in mitigation and will upload the appendices referred to over the weekend as jpegs. This is the document for the court - my plea will be based on this but will vary slightly or quite a bit if I get started on a rant! If you can make it - I'll be glad of the support. Bring your own eggs and tomatoes..

MR

Appendices

1. Professions Allied to Medicine Act 1960
2. Letter to Marc Searle 4/9/2008
3. HPCP Fitness to Practice schedule
4. HCPC FtP Allegation & Hearing. Howard Price & Stephen Gardiner
5. Correspondence with DS Stephen Walker Sexual Crimes Unit Manchester
6. Law Commission Consultation: Regulation of Health Professionals
7. Society of Chiropodists Council Statement on Regulation
8. Letter from Shirley Jones
9. Scottish Parliament records: Petition Committee hearing transcript.
10. Website page for Stephen Gardiner
11. Professional and personal references.




[/quote]

 

Boy,

I think the magistrates will need a couple of paracetamol before reading your mitigation.

Can't you cut it down????

 

An eloquent summary Mark. Good luck next week