Kayleigh Bransby
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Allegation
As a registered Radiographer RA75952:
1. On 6 October 2022 at Kidderminster Magistrates Court, you were convicted of the following:
a. Between 23 November 2020 and 25 February 2021, you caused unnecessary suffering to a protected animal, namely thoroughbred type bay mare SS1, by a failure to act, namely the provision of proper and necessary dental care, and you knew or ought reasonably to have known that the failure would have that effect or be likely to do so. Contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.
b. Between 23 October 2020 and 25 February 2021, you caused unnecessary suffering to a protected animal, namely 4 dogs (MS1, MS3, MS5 & MS7), by a failure to act, namely the provision of proper and necessary veterinary care attention for their severe dental disease, and you knew or ought reasonably to have known that the failure would have that effect or be likely or be likely to do so. Contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.
c. Between 12 January 2021 and 25 February 2021, you caused unnecessary suffering to a protected animal, namely 2 dogs (MS2, MS5), by a failure to act, namely, to investigate and address their poor bodily condition and weight loss, and you knew or ought reasonably to have known that the act would have that effect or be likely to do so. Contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.
d. Between 23 May 2020 and 25 February 2021,you caused unnecessary suffering to a protected animal, namely a black and white male Cavalier King Charles spaniel called Teddy ( MS2), by a failure to act, namely the provision of proper and necessary veterinary care and attention for his ear disease, and you knew or ought reasonably to have known that the act would have that effect or be likely to do so. Contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.
e. Between 12 January 2021 and 25 February 2021, you caused unnecessary suffering to a protected animal, namely a white cat KP1, by a failure to act, namely the provision of proper and necessary veterinary care and attention for his ear disease, and you knew or ought reasonably to have known that the act would have that effect or be likely to do so. Contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.
f. Between 12 August 2020 and 25 February 2021, you caused unnecessary suffering to a protected animal, namely a black and white cat KP2, by a failure to 8 act, namely the provision of proper and necessary veterinary care and attention for his ear disease, and you knew or ought reasonably to have known that the act would have that effect or be likely to do so. Contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.
g. Before 24 February 2021, you did not take such steps as were reasonable in all the circumstances to ensure that the needs of an animal for which you were responsible, namely 35 dogs (MS1- MS29) (Including MS12a-h), were met to the extent required by good practice in that you failed to meet their need for a suitable environment. Contrary to section 9 and 32(2) of the Animal Welfare Act 2006.
h. Between 09 September 2020 and 11 December 2020, you caused unnecessary suffering to a protected animal, namely 4 Cavalier King Charles spaniel type dogs called Daisy, Mable and Rosie, by an act, namely the provision of proper and necessary veterinary care and attention for their ear disease, and you knew or ought reasonably to have known that the act would have that effect or be likely to do so. Contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.
i. Between 09 September 2020 and 11 December 2020, you caused unnecessary suffering to a protected animal, namely 4 Cavalier King Charles spaniel type dogs called Daisy, Lily, Mable and Gino, by an act, namely the provision of proper and necessary veterinary care and attention for their eye disease, and you knew or ought reasonably to have known that the act would have that effect or be likely to do so. Contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.
2. By reason of the matters set out above, your fitness to practise is impaired by reason of conviction.
Finding
Preliminary Matters
Application for part of the hearing to be in private
1. At the outset of the hearing, Ms Mosely made an application that part of the hearing be dealt with in private where reference was made to the Registrant’s health or family matters. Mr Pembridge supported the application.
2. The Panel accepted the Legal Assessor’s advice that, although the general rule is that hearings are to be in public, it is open to a panel to go into private session when dealing with matters relating to the health or personal life of a registrant. The Panel decided that when, and if, such matters were raised they would be heard in private, in order to protect the private life of the Registrant.
Admissions
3. Mr Pembridge indicated that the Registrant admitted Allegation 1(a) to (i) inclusive. She denied that her current fitness to practise was thereby impaired.
Background:
4. The Registrant is employed as a Radiographer at the Royal Stoke University Hospital as a Band 7 Advanced Practitioner Radiographer in the Advanced Practice Team. She has worked at the University Hospitals of North Midlands NHS Trust since July 2017.
5. On 24 February 2021, police, RSPCA officers and vets attended premises where the Registrant and her mother were said to be resident and seized 41 animals that were placed into the RSPCA’s care. The animals were examined by four veterinary surgeons who found them to be suffering from various ailments amounting to section 4 (of the Animal Welfare Act 2006) (suffering) and section 9 (needs not being met), including ear infections, dental disease, eye conditions, lameness and environmental issues.
6. On 6 October 2022, the Registrant was convicted of nine animal welfare offences at Kidderminster Magistrates’ Court. This followed her entering guilty pleas on the following basis:
“Between 31st October 2020 and 20 January 2021 Miss Bransby would attend [the farm] to assist her mother. Miss Bransby’s primary concern was helping her mother by whatever means she could. This included making meals, helping her to wash, carrying out domestic tasks and, if asked to, carrying out tasks in relation to the immediate needs of the animals. This was not regular work as there were others who were there to assist with the animals and because Miss Bransby was in full-time employment.
When attempts were made to rehome the animals Miss Bransby assisted in this regard if she could.
On 10th December 2020 Miss Bransby took ownership of ‘Nell” (MS/27) as company for Spike (MS/28) whom they had inherited from Miss Bransby’s partner’s grandmother.
Between 20th January 2021 and April 2021 Miss Bransby moved into [the farm]. Her partner was in Kenya with the Army and Miss Barnsbury was concerned that COVID bubbles were going to be ended. She had grave concerns that her mother would not cope without her assistance. This is why she took Spike and Nell to [the farm]. She could not have them live in the house with other dogs as it would cause fights. She did provide food and water for the dogs but she accepts that the situation was not a suitable environment. The plea to charge 11 is entered only insofar as it applies to Nell and Spike.
During this time she continued to tend to the animals’ immediate needs when requested to do so by her mother and when she was not working at the hospital.
In relation to charges 2, 5, 6, 7, 9 and 10 Miss Bransby accepted that she prioritised the concerns that she had relating to her mother’s over the needs of the animals and that she ought to have sought veterinary assistance.
In relation to charges 15 and 16 she was not living at the property at that time but accepts that she was helping out with the animals when requested to do so by her mother when she would attend. She accepts that, given the overall condition of a lot of the animals at the property, she ought to have paid greater attention to the welfare of the dogs in question.”
7. The Registrant was sentenced to 11 weeks’ imprisonment, suspended for twelve months. She was ordered to perform 200 hours of unpaid work and was disqualified from keeping animals for a period of 10 years. She was also ordered to pay costs in the sum of £20,000.
8. On 11 October 2022, the Registrant referred herself to the HCPC to declare her criminal convictions. In the self-referral, the Registrant said:
“I was embroiled into a case brought against my mother as I resided with her from 20th of January 2021 to April 2021 due to risk of the end of covid ‘bubbles’. Subsequently the RSPCA has said that my presence on the farm made me jointly responsible for animals on the farm hence the charges. The only charge I am solely responsible is a section 9 subsection 1 offence as I took my two dogs to my mother’s address when I moved in and the RSPCA stated it was an unsuitable environment.”
9. The Registrant added that there were no concerns regarding her conduct or competence at work. She said her manager had stated that due to the Registrant currently being in a trainee post to become an Advanced Practitioner GI Radiographer, the Registrant was to ensure a mentor is present with her. The Registrant said this was to ensure she was fully supported in her training when she returned to work.
10. In written submissions prepared by the Society of Radiographers on behalf of the Registrant, it was stated that she admits all the allegations but denies that her fitness to practise is impaired.
11. In response to the HCPC’s allegations, the Registrant provided a statement dated 11 January 2024, as follows:
“I was brought up on a small holding which was run by my mother and my estranged father. The relationship between my parents was purely a mutual agreement to share the burden of caring for such a vast number of animals.
At the end of October 2020, after months of my parents being trapped in multiple covid lockdowns together. My father decided to walk away from the small holding with no communication of his intentions or any further communication since. This left my mother holding the sole responsibility of large numbers of dogs, horses and sheep as well as chickens, cats, goats, llamas, a parrot and terrapins.
Despite this, my mother was single handily trying to care for all the animals and begging anyone that would help to support her in doing so. She felt she had a duty to them as it was ‘not their fault’ and after lengthy discussions with charities such as the RSCPA who told her that they only rescue ‘suffering’ animals not ones which you no longer want to care for. I began to assist in finding a charity via social media and advertising horses for rehoming online with the assistance of my partner and brothers. This was a slow process as my mum was only willing to rehome animals to places she wanted to reassure were suitable.
At the end of January 2021, after my mother housing multiple strangers who were offering help on the small holding and the community support officers suggesting that it was not safe for my mother to be left alone with them combined with the threat of covid restrictions being tightened post-Christmas to stop visits between single occupancy households and a another household and my partner being posted to Kenya for four months with the armed forces.
I made the decision to temporarily stay with my mother while continuing to work full time at Royal Stoke as a band 6 general radiographer covering a 24-hour rota. This was solely for the purpose of providing my mother with some social care which was very limited at the time from an external source to ensure she was eating at least one meal a day. The care of the animals I believed was being satisfactorily covered by my mother and various paid and voluntary workers.
However, on the 24th of February while I was at work on a 6:45-14:45 shift, the RSCPA with the assistance of the police attended my mother’s property and examined the animals remaining at White House Farm and a large number were taking away including two of my own dogs (as they stated they were in a unsuitable environment) which I had brought there with me as well as some of my mother’s belongings. Although, a smaller number of horses, dogs, chickens, a llama and sheep were left in the care of my mother by the RSCPA.
Some months later in April, I did attend a voluntary interview in which I was told that they would assess the situation and potentially return my dogs back. Therefore, I attended for two reasons, one to reassure that they were correctly informed on the circumstances at my mother’s home and two to attempt to have my dogs returned as I did not live at my mother’s address and one of the dogs belonged to my partner’s grandmother.
Apart from the interview, no further communication occurred apart from the attendance of the court hearings. Following the final court date in October 2022, my mother was given a custodial sentence, my brother’s case was postponed.
I was given a conviction with various requirements as already documented. I was advised that week to plead guilty as it greatly reduced the number of charges and despite the vast majority of animals in question not being owned by myself, the court did not accept that I did not have responsibility as I was staying with my mother at the time.
Following the 6th of October, my partner under indirect guidance of me was left to rehome the remaining dogs, horses and sheep that were in my mother’s care as we were no longer allowed to keep animals as well as my mother’s appeal allowing her to return home on [the] following Monday pending [the] Crown court hearing.
A fitness to practice self-declaration was made following the outcome of the court proceedings. Prior to this, my manager, our divisional human resources manager and the head of imaging was fully informed of the ongoing matter from prior to the 24th of February 2021 to now.
On reflection of the events, now that some time has passed. I can see that although I thought I was doing best by my mother by gradually rehoming the animals, I should have taken a more drastic approach and had all of them rehomed in one event and ensured that my mother was seeking the correct veterinary treatment. I also would not have gone to live with my mother if I was fully aware of the legal implications my presence would have had.”
12. The Registrant also provided some more detailed personal reflection as follows:
“Using Rolfe et al (2001) model of reflection, I have reflected on the events over the past two years. Following the conclusion of the court case on the 6th of October 2022, I immediately informed my line manager, completed a self-referral to the Health and Care Professions Council and met with the probation service to arrange my community service. I also took on the responsibility of dealing with my mother’s affairs as she had received an immediate custodial sentence. I began my community service at the end of October 2022 working in Hope House charity shop every Saturday. After discussions between my line manager, the professional head of imaging and the human resources department, it was agreed that they were happy for me to return to work. After completing an occupational health assessment, I returned to work on the 24th of October 2022.
Since that period, I have remained in work full time for the past two years, completed my community service at the beginning of March 2023 and met the court’s financial obligations by the required date (October 2023). I have taken a lot of time to reflect on the events that led up to the 24th of February 2021 and while I felt at the time I aimed to respect my mother’s wishes and trusted that she had the situation under control, I now feel that I should have taken the time off work when my father left the farm. This would have allowed me to organise the rehoming of all the animals then and gained any necessary veterinary treatment rather than continuing to work full time on a 24-hour rota during an intense time and offering support in between shifts. I feel deeply regretful of any negative perception the court case may have potentially brought onto my profession. I take great pride in representing diagnostic radiographers, a role I have dedicated myself to since commencing my training in September 2014. I have tried to be a hard-working compassionate individual who champions the profession since qualifying in June 2017.
I have since completed my community service hours awarded and paid the court-mandated costs. I recognise that stepping away from work sooner would have enabled me to provide my mother with the support she needed at the time. Since the court case, I have continued to carry out reflective practice within my current job and completed the necessary training for my job role as an Advanced Practitioner GI Radiographer. This includes the recent completion of a postgraduate certificate in Advanced Medical Imaging. If I am deemed fit to continue practicing, I am committed to adhering to the code of conduct and to always upholding the standards expected of a healthcare professional, both in and outside of work.”
13. The Panel was provided with a number of professional testimonials. On 25 October 2024, the Superintendent Radiographer at University Hospitals of North Midlands NHS Trust, who is also one of the Registrant’s Line Managers described her as follows:
“Kayleigh always demonstrates excellent patient care skills and ensures that the patient’s safety is paramount. Kayleigh has a very good relationship with her colleagues, is extremely hard working and is a committed and reliable member of our team. Kayleigh is excellent at putting people at ease when they come to the department for a procedure, her communication skills are second to none and she is particularly natural at helping children feel at ease.
Kayleigh contributes to the departmental quality assurance service and maintains continuing professional development. Kayleigh is a valued member of our team.”
14. A testimonial and witness statement from another of the Registrant’s Line Managers, Mr Carl Bradbury, detailed how she has been honest and transparent with the University Hospitals of North Midlands throughout this process. He describes the Registrant as someone who “demonstrates compassion and a true empathetic nature towards patients and colleagues.” She receives praise from patients and often goes “above and beyond” in her provision of care, with the patient being “at the very core of her professional life.” He has nothing but praise for her high level of competence as a diagnostic radiographer.
15. A Service Lead Radiographer at the Royal Stoke Hospital described the Registrant as “one of the hardest working Radiographers I have ever worked with”, referring to her as a very valuable and respected member of the team. She too made mention of the Registrant going “above and beyond” and “always put her patients’ needs first”, bringing a lot of skill and expertise to the team. She said she would “not hesitate in re-employing Kayleigh into her previous roles with us.”
Decision on Facts:
16. In reaching its decisions on the facts the Panel took into account the memorandum of conviction, which is conclusive proof of the conviction, together with the admissions made by the Registrant. Accordingly, the Panel found the facts as set out in Allegation 1 proved.
Decision on Grounds:
17. The Panel next considered the statutory ground. Because this is a conviction case, and the Panel had been provided with the memorandum of conviction, the Panel found the statutory ground to be made out.
Decision on Impairment:
18. Having found the statutory ground of conviction to be well founded, the Panel went on to consider whether the Registrant’s current fitness to practise was impaired as a result of that conviction. In doing so it took into account the oral evidence from the Registrant and a character witness, Mr Bradbury, together with the submissions made by the parties and all the documents provided. The Panel accepted the advice of the Legal Assessor.
19. Mr Pembridge made it clear that the Registrant denied that her current fitness to practise was impaired by reason of her conviction.
20. The Registrant gave evidence on affirmation to the Panel and confirmed the content of her statement (as detailed above). In answer to questions, the Registrant said she should have recognised the need for intervention with the animals when her father walked out, but she mistakenly thought her mother was coping. She said she did not realise that by staying with her mother, whilst her partner was working abroad, she thereby became responsible for the animals on the farm. Had she known this in advance she said she would not have stayed. She said that she and her three brothers had been brought up with animals their whole lives and she assumed her parents knew what they were doing. The Registrant said that at the time she was staying with her mother she was working full-time in clinical practice with a daily three-hour commute, so the time spent at the farm was limited. The Registrant said that a lot of the issues picked up by the veterinary surgeons when they examined the animals were not ones that she, as a non-vet, was trained in and were not things one could physically see.
21. The Registrant was asked if she was concerned about the conditions the animals were being kept in, she said that she thought her mother was managing well and she had lots of people coming in from the community and doing tasks, so she did not think there were any welfare concerns. The Registrant said that she could understand that public confidence in the profession would be reduced by her behaviour and she said, “I feel disgusted about it really, so I can see how that would affect the profession.” The Registrant said she regretted the pain and suffering caused to the animals she was found to be responsible for. She said the benefit of hindsight gives one a different perspective, but at the time she thought everything was being dealt with and she trusted her mum and brothers. She added that she has a “huge regret about the situation.”
22. The Panel also heard from the Registrant’s current line manager, Mr Carl Bradbury, who has known the Registrant since 2014. He said he has had no concern over her fitness to practise over those ten years. He described her as “very competent, compassionate and very proud of her profession and the care she delivers to her patients.” He said she gets on “incredibly well” with colleagues and patients. He said she works in a small, specialised team and has very good working relationship with colleagues and is a team player. Mr Bradbury said the Registrant was impeccable with patients and consistently goes “above and beyond” and has patients “at the heart of all that she does”.
23. Mr Bradbury said he was surprised by the court case and said this was not representative of the Registrant’s character. He added that as her employer they continued to support the Registrant. He said that the appropriate notifications had been made locally and their HR department and Safeguarding Adults department where quite happy that the Registrant was safe in her role. Mr Bradbury said the Registrant is an asset to the trust and to the Radiography profession.
24. The Panel was cognisant of the fact that it had information relating to all that the police and RSPCA found when they attended on 24 February 2021. That information related to not just the Registrant, but also her mother and brother. It was important, therefore, to focus on the content of the offences that made up the Registrant’s conviction and to bear in mind that she was held jointly responsible, along with her mother, for the offences to which she had entered guilty pleas.
25. All bar one of those offences relate to causing unnecessary suffering to animals. There was no doubt that the scene met by the police and the RSPCA when they attended on 24 February 2021 was appalling and the number of animals involved was a cause of great concern. Whilst the offences were not connected to her work as a Radiographer, a health-care practitioner is required to provided care to patients and the Panel was concerned that somebody, who is supposed to be a caring individual, had shown by their inaction that they are capable of causing unnecessary suffering to a significant number of animals.
26. The facts admitted by the Registrant include the following:
• Causing unnecessary suffering to a horse by failing to ensure the provision of proper and necessary dental care.
• Causing unnecessary suffering to four dogs by failing to ensure the provision of proper and necessary veterinary care attention for their severe dental disease.
• Causing unnecessary suffering to two dogs by failing to investigate and address their poor bodily condition and weight loss.
• Causing unnecessary suffering to five dogs by failing to ensure the provision of proper and necessary veterinary care attention for their ear disease.
• Causing unnecessary suffering to two cats by failing to ensure the provision of proper and necessary veterinary care attention for their ear disease.
• Failing to take such steps as were reasonable in all the circumstances to ensure that the needs of 35 dogs were met to the extent required by good practice in that she failed to meet their need for a suitable environment.
• Causing the unnecessary suffering to four dogs by failing to ensure the provision of proper and necessary veterinary care attention for their eye disease.
27. This was not, then, isolated behaviour, but rather a catalogue of neglect spanning a nine-month period from May 2020 to February 2021 and affecting at least 38 animals (it is not known if any of the 35 dogs referenced in Particular 1(g) were the same dogs as referenced in Particulars 1(h) and 1(i)). Whilst the Registrant had shown some remorse for her actions, she still clearly felt that she was the victim of circumstances and that her biggest error was in choosing to go and stay with her mother. There was, in the Panel’s view, very little by way of insight into the consequences of her actions. For example, nowhere in her basis of plea to the Court, her referral to the HCPC, her statement for these proceedings and her reflective piece, had she shown any regret for the pain and suffering she had caused to so many animals. Indeed, it was only when asked that direct question by the Legal Assessor that she said “Of course” she regretted the pain and suffering she had caused.
28. The seriousness of the offending was reflected in the Court sentence of imprisonment, albeit for a relatively short period and suspended, together with the amount of unpaid work that she was ordered to undertake (200 hours). She was also disqualified from keeping animals for a period of 10 years.
29. The Panel was of the view that the Registrant had breached the following standard of the Standards of Conduct, Performance and Ethics (2016):
9.1 You must make sure that your conduct justifies the public’s trust and confidence in you and your profession.
30. This was not a case about public protection. There was no evidence before the Panel that the Registrant represented any risk to patients, indeed quite the opposite. She is clearly very well thought of as a clinician and the testimonials, and oral evidence of Mr Bradbury, attest to her abilities, and professionalism. Furthermore, in the nearly four years since these offences were committed there has been no further offending and the Registrant has continued to work without issue. This was not a case where the HCPC had felt it necessary to seek an Interim Order to restrict her practice in any way.
31. The Panel, however, considered there to be mixed messages by Mr Bradbury’s reference to the Registrant being compassionate, since she had shown anything but compassion for the animals deemed to have been in her care. The Panel did, however, recognise that most of the animals were not hers and that her responsibility for them appears to have arisen out of a specific set of circumstances, related to the restrictions in place during the Covid 19 Pandemic, the act of her father in deserting the family home, leaving her compromised mother to care for the animals and the Registrant’s decision to move in with her mother for a period of time. The Registrant does at least recognise now that there is much more that she could and should have done at the time, such as calling in vets to look at the animals and arranging alternative homes for them.
32. The Panel was in no doubt that the Registrant’s behaviour has damaged public confidence in both her and the profession and she herself acknowledged the likely impact of her actions on the profession. The public would expect a person who works in a caring profession to demonstrate care in other aspects of their life and this she had singularly failed to do for those 38 plus animals.
33. The Panel was satisfied that such behaviour brings the profession into disrepute. It was equally satisfied that a fully informed member of the public, who was aware of all the background to this case, would have their confidence in the profession and the Regulator significantly undermined, if a finding of impairment were not made. The Panel considered that a member of the public would be shocked if the Regulator took no action in a case where a Radiographer had been convicted of a serious offence relating to causing unnecessary suffering to so many animals over such an extended period of time. There was clearly a need to send out a message to the profession that this sort of behaviour is wholly unacceptable and not to be tolerated.
34. Accordingly, although there are no public protection concerns, the Panel was satisfied that a finding of current impairment was warranted on public interest grounds in this case. This was in order to uphold proper standards of behaviour and also to maintain public confidence in the profession.
35. The Panel therefore determined that the Registrant’s fitness to practise is currently impaired on public interest grounds and that the allegation of impairment is well founded.
Decision on Sanction:
36. In reaching its decision on sanction, the Panel took into account the submissions made by Ms Mosely and Mr Pembridge, together with the evidence and all matters of personal mitigation. The Panel also referred to the guidance issued by the Council in its Sanctions Policy. The Panel had in mind that the purpose of sanctions was not to punish the Registrant, but to protect the public, maintain public confidence in the profession and maintain proper standards of conduct and performance. The Panel was also cognisant of the need to ensure that any sanction is proportionate. The Panel accepted the advice of the Legal Assessor.
37. As already stated, this is not a public protection case and thus any sanction imposed was for the sole purpose of maintaining public confidence in the profession and maintaining proper standards of conduct and performance.
38. The Panel considered there to be the following mitigating factors:
• admissions to the offences;
• the Registrant was not solely responsible for the offences admitted;
• no previous fitness to practise issues;
• difficult family circumstances exacerbated by Covid;
• some remorse and regret shown;
• the Registrant has continued in unrestricted practice and been able to provide positive testimonials (see comments above) that demonstrate she clearly cares for her patients.
39. The Panel considered the aggravating factors in this case to be:
• the number of animals affected;
• the period of time over which the neglect took place;
• limited insight into the impact of her conviction on public confidence in the profession;
• limited expressions of remorse;
• no evidence of any remedial steps taken;
• behaviour that undermined the profession.
40. In light of the serious nature of the conviction, the Panel did not consider this was an appropriate case in which to take no further action. The Panel acknowledged that the context of the conviction related to animal welfare and was an emotive subject that engaged the public interest. Therefore taking no action would not reassure the public, nor reflect the seriousness of the conviction.
41. The Panel next considered whether a Caution Order would adequately reflect the seriousness of the conviction. The Panel’s role is not to punish the Registrant twice for the same offence, but to protect the public and maintain high standards among registrants and to maintain public confidence in the profession. The Panel has already indicated that there are no public protection issues in this case and thus it is only concerned with the latter.
42. When considering the guidance on a Caution Order, the Panel was not convinced that such an Order would adequately mark the seriousness of the behaviour and thereby maintain public confidence. This was not an isolated incident, limited or relatively minor in nature. In addition, the Registrant has not shown good insight or undertaken appropriate remediation. However, this was not a case where a Conditions of Practice Order would be appropriate, there being no clinical concerns, no public protection issues and no aspects of the Registrant’s practice that require correction.
43. The Panel thus considered whether to make a Suspension Order. The Sanctions Policy states that, “A suspension order is likely to be appropriate where there are serious concerns which cannot be reasonably addressed by a conditions of practice order, but which do not require the registrant to be struck off the Register.” The Sanctions Policy further states that these types of cases will typically exhibit the following factors:
• the concerns represent a serious breach of the Standards of conduct, performance and ethics;
• the registrant has insight;
• the issues are unlikely to be repeated; and
• there is evidence to suggest the registrant is likely to be able to resolve or remedy their failings.
44. The Panel has already concluded that the Registrant has very little insight into her offending behaviour and thus there is a danger the conduct may be repeated. However, she is banned from owning animals for a further eight years and there is, therefore no scope for any repetition in that time. In addition, the fact that she now has a criminal conviction, together with the severity of the sentence, is likely to have acted a salutary lesson for the Registrant and would, no doubt, act as a deterrent to any repeat of such behaviour. The Panel certainly hoped so. Furthermore, as already indicted, there are no public protection issues in this case and a sanction is only required to mark the seriousness of the Registrant’s conviction and thereby to maintain public confidence in the profession.
45. In a case such as this, where the Registrant is highly trained and highly regarded in her professional role and where she represents no risk to patients or the public, the Panel considered that to suspend her from practice could be unduly punitive and thus disproportionate. The Panel was concerned that such a sanction could amount to punishing the Registrant twice for the same offence and this would be inappropriate. Furthermore, and importantly, such an Order would impact upon the public in a negative way by depriving them of an otherwise competent clinician and this, the Panel considered, would not be in the public interest.
46. The Panel therefore considered paragraph 102 of the Sanctions Policy, which states: “A caution order should be considered in cases where the nature of the allegations mean that meaningful practice restrictions cannot be imposed, but a suspension of practice order would be disproportionate. In these cases, panels should provide a clear explanation of why it has chosen a non-restrictive sanction, even though the panel may have found there to be a risk of repetition (albeit low).”
47. The Panel concluded that this guidance allowed it to return to further consider the appropriateness of a Caution Order in this case. In all the circumstances, and in particular taking into account the content of paragraph 102 referred to above, the Panel decided that a Caution Order was the appropriate and proportionate sanction. In order to reflect the seriousness of the Registrant’s behaviour together with her limited insight and remediation, the Order will be for the longest period available, namely five years. This demonstrates how finely balanced this decision was.
48. However, the Registrant should be in no doubt about how seriously this Panel considers her conviction to be and that she came very close to being suspended from practice. In addition, the Registrant should be in no doubt that any finding of impairment by her regulatory body is a serious matter and she should not take this Caution Order lightly.
49. Accordingly, the Panel makes a Caution Order for a period of five years.
Order
ORDER: The Registrar is directed to annotate the Register entry of Ms Kayleigh Bransby with a caution, which is to remain on the Register for a period of five years from the date this Order comes into effect.
Notes
Right of Appeal
You may appeal to the High Court in England and Wales against the Panel’s decision and the Order it has made against you.
Under Article 29(10) of the Health Professions Order 2001, any appeal must be made within 28 days of the date when this notice is served on you. The Panel’s substantive Order will not take effect until the appeal period has expired or, if you appeal, until that appeal is disposed of or withdrawn.
Hearing History
History of Hearings for Kayleigh Bransby
Date | Panel | Hearing type | Outcomes / Status |
---|---|---|---|
16/12/2024 | Conduct and Competence Committee | Final Hearing | Caution |