The High Court has suspended an anonymised optometrist’s registration until 1 December 2022, pending an inquiry into allegations of poor professional performance and professional misconduct.
In an ex tempore judgment delivered on 29 June 2022, Ms Justice Irvine said the court could not resolve the disputed facts at this interim stage. The inquiry would have to determine whether the allegations were true. The suspension order was made to protect the public while that process proceeds; it was not a finding that the optometrist lacked competence or had committed misconduct.
The Health and Social Care Professionals Council applied under section 60 of the Health and Social Care Professionals Act 2005. The complaint followed the optometrist’s work in Ireland from January to February 2022. The Council’s Preliminary Proceedings Committee referred the complaint for an inquiry in May on grounds of alleged poor professional performance and professional misconduct, and raised concerns about public protection.
The concerns included alleged inability to examine the back of a patient’s eye, perform refraction and demonstrate clinical knowledge. The Council argued that the alleged shortcomings could put patients at risk. The optometrist denied the conclusions and disputed the allegations, saying he had not received adequate training and that misunderstandings underlay the complaints. He said he had extensive experience, was undertaking training in optical coherence tomography, and expected induction training if he took a job with another optician in Ireland.
Justice Irvine said the Council had considered the seriousness of the complaint and the strength of the evidence in deciding to apply. She also noted the potential consequences of an inadequate eye examination, which could fail to detect serious health conditions or affect a patient’s ability to drive safely.
The judge said the optometrist’s proposed employer had provided no evidence about the job or any training it might offer. She could not assume that employment or brief induction training would remove the alleged risks. Supervised practice was also not a realistic lesser measure, she said, because a supervisor would have to repeat the optometrist’s tests.
The court acknowledged that suspension could seriously affect the optometrist’s livelihood and reputation, and that he would be gravely prejudiced by losing the opportunity to work in Ireland. Given the sharp dispute over the evidence, Justice Irvine directed that the inquiry be expedited. The suspension runs until 1 December 2022; if the inquiry is not complete by then, the Council must renew its application.