Mr James Birdseye
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Allegation
As a registered Paramedic (PA33636) your fitness to practise is impaired by reason of misconduct. In that:
1. On 22 June 2019, you behaved unprofessionally towards Student A, when you;
a) Said that you “were close to other students” or words to that effect
b) Said that you “slept with other students and that your wife did not mind” or words to that effect
c) Said that you “wished you and Student A were a lot closer” or words to that effect
d) Offered to take Student A out for a meal and drinks
e) Said that you “had seen other staff members naked and that you would like to see Student A naked” or words to that effect
f) Said that “you had finally got what you had wanted, to see Student A naked” or words to that effect
g) When you left Student A at the hospital gave her a kiss on her cheek
h) Told Student A’s mother that you and Student A had “got very close today” or words to that effect
2. Your examination and/or treatment of Student A was inappropriate and/or unprofessional and did not meet the required standards in that you:
a) Did not obtain consent to examine Student A and/or document whether consent had been obtained on the patient report form;
b) Did not explain the assessment and/or treatment to Student A;
c) Pulled Student A’s trousers despite Student A informing you that she was not wearing any underwear
d) Did not provide and/or offer Student A a covering to protect Student A’s dignity after her trousers were removed;
e) Unbuttoned Student A’s shirt and took it off without clinical reason to do so;
f) Offered to remove Student A’s tampon;
g) Looked at Student A’s genital area and said “it looks like a beaver” or words to that effect
3. Your conduct in relation to allegations 1a, 1b, 1c, 1d, 1e, 1f, 1g, 1h, 2c, 2d, 2e, 2f and 2g were sexually motivated.
4. The matters set out in allegation 1, 2 and 3 above constitutes misconduct.
5. By reason of your misconduct your fitness to practise is impaired.
Finding
Preliminary Matters
Service
1. The Notice of Hearing was sent to the Registrant, by email, to his registered email address on 10 November 2023 informing him that there would be a substantive final hearing commencing today. A further notice was sent on 18 April 2024 advising that the hearing would now be held virtually. A delivery receipt has been provided. The Practice Note requires proof of sending rather than proof of receipt. It is the responsibility of the Registrant to keep his contact details up to date with the HCPC.
2. The Panel had sight of the service bundle of 13 pages and was satisfied that service had been effected in accordance with the Procedure Rules and Practice Note on Service of Documents.
Proceeding in absence
3. The Panel considered whether it was appropriate and fair to conduct the hearing in the absence of the Registrant. The Panel had regard to the representations made by Mr Barnfield on behalf of the HCPC.
4. The Panel had regard to the HCPTS Practice Note on ‘Proceeding in the Absence of the Registrant’ and accepted the advice of the Legal Assessor. The Panel was mindful that today’s hearing was for a final hearing of the allegations with witnesses in attendance.
5. The Panel noted that the Registrant’s legal representative emailed the Health and Care Professions Tribunal Service (HCPTS) on 15 April 2024 indicating that the Registrant acknowledges valid service of the notice of hearing issued on 10 November 2023, that he will not be attending or represented at the hearing due to commence on 22 April 2024, that he understands that the hearing will proceed in his absence (which he consents to), and can be taken to have voluntarily absented himself. Documents have been submitted on behalf of the Registrant which the Panel has sight of.
6. The Registrant has made no application for an adjournment and the Panel concluded that he has voluntarily absented himself. The Panel concluded that an adjournment would be unlikely to secure the Registrant’s attendance and no useful purpose would be served by an adjournment.
7. The Panel finds that the Registrant was served in accordance with the
Procedure Rules. The Panel is satisfied that good service of notice of today’s hearing has been effected. The Panel noted that the Registrant had been communicating with the HCPC from his registered email address and through his legal representative.
8. The Panel was mindful of the need to proceed expeditiously where it is appropriate to do so. In all the circumstances the Panel decided that it was fair and in the interests of justice to proceed with the hearing in the absence of the Registrant, as he had consented to and actively encouraged the same.
Proceeding in Private
9. Mr Barnfield made an application for the hearing to be held in private in the interests of justice and to protect the private life of Student A. It was submitted that private matters of a sensitive nature were to be discussed in relation to Student A’s personal and health matters, including her medical history and treatment. It was further submitted that as some of the allegations involve sexual motivation that conducting the hearing in private would ensure the best evidence was given.
10. The Panel was referred to the HCPTS Practice Note on ‘Conducting Hearings in Private’ which states that as a general rule hearings are to be in public in accordance with the ‘open justice’ principle. In certain circumstances it is in the interests of justice for the hearing to take place wholly or partially in private to protect the private life of the registrant, complainants and any witnesses.
11. The Panel was satisfied that it was appropriate and in the interests of justice to hear the entire proceedings in private to protect the private life of Student A, who is the complainant.
Order
Order: The Registrar is directed to suspend the registration of Mr James Birdseye for a period of 12 months 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 order will not take effect until the appeal period has expired or, if you appeal, until that appeal is disposed of or withdrawn.
Interim Order
Application
1. In Private
Decision
2. In Private
Decision:
The Panel makes an Interim Suspension Order under Article 31(2) of the Health Professions Order 2001, the same being necessary to protect members of the public and being otherwise in the public interest.
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.
Hearing History
History of Hearings for Mr James Birdseye
| Date | Panel | Hearing type | Outcomes / Status |
|---|---|---|---|
| 22/04/2024 | Conduct and Competence Committee | Final Hearing | Suspended |