Stefano Lombardi
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Allegation
As a registered Physiotherapist (PH109015) your fitness to practise is impaired by reason of misconduct. In that:
1. On or around 21 October 2021, during or after a Physiotherapy session with Service User A, you:
a) allowed Service User A to remove their clothes when this was not necessary for their treatment.
b) did not provide Service User A with a towel to maintain their privacy; and/or
c) massaged the inner part of Service User A’s thigh when this was not clinically necessary for treatment.
d) massaged Service User A’s wrist when this was not clinically necessary for treatment.
e) emailed Service User A about details of a spa at 3.30am when this was not necessary for the service.
2. On 4 November 2021 during a Physiotherapy session with Service User A, you:
a) allowed Service User A to remove their clothes when this was not necessary for their treatment.
b) did not provide Service User A with a towel in order to maintain their privacy.
c) massaged Service User A’s stomach, which was not clinically necessary for treatment.
d) massaged the area around Service User A’s breast or breasts and/or chest when this was not necessary for treatment.
e) massaged Service User A’s legs, hips, inner thighs and between her legs.
f) rubbed Service User A’s hand against your thigh and/or groin and/or penis; and/or
g) told Service User A “if I wanted to touch you, I could have done that all the last hour, you were lying naked on my table, but I didn’t do it,” when they confronted you with what happened.
3. Your conduct in relation to particulars and sub-particulars 1 and/or 2 was sexual in nature.
4. Your conduct in relation to particulars and sub-particulars 1 and/or 2 was sexually motivated.
5. The matters set out in particulars 1, 2, 3, constitute misconduct.
6. By reason of your misconduct your fitness to practise is impaired.
Facts Proved: 1(a), (b), (c); 2(a), (b), (c), (d), (e), (g).
Facts Not Proved: 1(d), (e); 2(f); 3; 4
Grounds: Misconduct
Fitness to Practise Impaired: Yes
Finding
Preliminary Matters
Hearing in private
1. Ms O’Connor, on behalf of the HCPC, made an application for the hearing to proceed entirely in private. The sexual nature of the Allegation engaged Service User A’s right to respect for private life under Article 8 of the European Convention on Human Rights, as located in domestic law under the Human Rights Act 1998. The case was one involving an allegation of a sexual nature and Service User A was the alleged victim.
2. Ms O’Connor said that although the service user had been anonymised as Service User A in order to protect her right to respect for her private life, the papers contained a number of details that would make it easy for a person with some knowledge of the case to identify her by “jigsaw” or “mosaic” identification from the evidence. It was not practical to eliminate or to wholly anonymise these elements. Accordingly, it was necessary to hold the entire hearing in private.
3. Ms Hewitt, on behalf of Mr Lombardi, supported Ms O’Connor’s application.
4. The Panel recognised that it had a discretion to proceed partly or wholly in private in terms of Rule 10(1)(a) of the Conduct and Competence Committee (Procedure) Rules 2003 (the Rules) and the HCPTS Practice Note “Conducting Hearings in Private”, last updated in March 2017. The Panel accepted the Legal Assessor’s advice that the open justice principle mandated that hearings should be conducted publicly as a starting point. However, a discretion to proceed partly in private existed in order to protect the right to respect for the private and family life of witnesses, among others. The Panel considered that restricting the private aspect of the case to hearing evidence might not sufficiently protect Service User A’s right to respect for her private life, as the possible identification documents might be referred to in later open session.
5. The Panel observed that the exhibits contained details which suggested an easy route to the identification of Service User A if a person knew a little about the facts of the case. These details would inevitably be discussed in the case as the evidence developed. The legitimate aim of open justice was not lightly to be departed from. However, in this case, the Panel considered that there were compelling reasons to exercise its discretion in favour of proceeding wholly in private. The Panel therefore decided that the case could be conducted in private for the reasons given by Ms O’Connor.
Order
The Registrar is directed to annotate the Register to show that, for a period of 12 months from the date that this Order comes into effect (“the Operative Date”), you, Mr Stefano Lombardi, must comply with the following conditions of practice:
1. You must inform the HCPC within 7 days if you take up any other or further professional work outside of your current self-employed practice.
2. You must inform the HCPC within 7 days of becoming aware of:
A. any patient safety incident you are involved in;
B. any investigation started against you;
C. any disciplinary proceedings taken against you.
3. You must inform the following parties that your registration is subject to these conditions:
A. any organisation or person employing or contracting with you to undertake professional work;
B. any agency you are registered with or apply to be registered with to undertake professional work (at the time of application);
C. any prospective employer for professional work (at the time of your application);
4. Within 21 days of the Operative Date, you must identify a Mentor who must be a HCPC-registered Physiotherapist with a minimum of 5 years’ experience in the area of musculoskeletal work.
5. You must work with your Mentor to formulate a Personal Development Plan addressing the areas of professional boundaries and effective communication.
6. Within 3 months of the Operative Date, you must forward a copy of your Personal Development Plan to the HCPC.
7. You must meet with your Mentor on a monthly basis to consider your progress towards achieving the aims set out in your Personal Development Plan.
8. You must arrange with your Mentor for you to directly observe a minimum of 3 of their patient appointments every 3 months.
9. You must arrange with your Mentor that they directly observe a minimum of 3 of your patient appointments every 3 months.
10. You must allow your Mentor to provide information to the HCPC about your progress towards achieving the aims set out in your Personal Development Plan.
11. You must forward to the HCPC a report from your Mentor about your compliance with these conditions no later than 28 days before any review hearing.
12. Except in life-threatening emergencies, you must not be involved in the direct provision of services to female service users, in person (face-to-face), without a chaperone being present until your Mentor has directly observed your practice with at least 3 female patients and they have confirmed to the HCPC in writing that there are no concerns.
Notes
Interim Order
1. The Panel makes an Interim Conditions of Practice Order in the same terms as set out above under Article 31(2) of the Health Work Professions Order 2001, the same being necessary to protect members of the public and being otherwise in the public interest. The Panel considered that to do otherwise would be inconsistent with its earlier findings and would not protect the public against the risk of repetition identified.
2. This order will expire: (if no appeal is made against the Panel’s decision and Order) upon the expiry of the period during which such an appeal could be made; (if an appeal is made against the Panel’s decision and Order) the final determination of that appeal, subject to a maximum period of 18 months to cover the length of any appeal.
Hearing History
History of Hearings for Stefano Lombardi
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 20/03/2024 | Conduct and Competence Committee | Final Hearing | Conditions of Practice |