Robert Lambert-Simpson v Health and Care Professions Council

In a professional disciplinary appeal, a finding that conduct was racially motivated requires consideration of the practitioner’s subjective purpose, unlike an allegation based simply on the use of racist words, which is assessed objectively. The use of racial language as an attempted joke may nevertheless demonstrate a purpose referable to race and hostility or a discriminatory attitude. A supposedly private social-media setting does not prevent conduct from raising serious attitudinal and public-interest concerns. Suspension may be proportionate where limited insight, confidentiality concerns and the need to maintain professional standards make a caution or conditions insufficient. The appellate court must assess whether the disciplinary decision was wrong or unjust because of serious procedural irregularity.

The appellant, a registered practitioner psychologist, appealed by way of rehearing against a Conduct and Competence Committee determination. The Panel found that three social-media posts were inappropriate and offensive, that one was racially motivated, and that the conduct amounted to misconduct impairing fitness to practise. It imposed a four-month suspension order, subject to review.

The appeal challenged the Panel’s treatment of the appellant’s autism, special measures for a witness, the finding of racial motivation, and the proportionality of suspension. The court also addressed the effect of the pending appeal on the suspension and review arrangements.

1. Appeal dismissed. The Panel’s decisions were neither wrong nor unjust because of a serious procedural or other irregularity. The appellate court agreed with the Panel on an objective correctness standard.
2. The Panel had taken adequate and sensitive account of the appellant’s autism. It had arranged private sessions, permitted breaks and adjourned when necessary. The appellant had not linked his conduct to autism, provided expert evidence, or identified any passage showing disbelief, harassment or a failure to protect him.
3. The use of special measures for the complainant did not justify an adverse inference. The Panel had accepted legal advice that no adverse inference should be drawn from evidence given by live link.
4. “Racially motivated” required consideration of the appellant’s subjective state of mind. This differed from an allegation that a practitioner had used antisemitic or racist words, which would involve an objective assessment of the words used, as explained in Professional Standards Authority for Health and Social Care v General Pharmaceutical Council (Ali). The Panel was entitled to find racial motivation where the appellant combined a racial slur with a derogatory description of Chinese people and used race as a cheap way of getting a laugh. Attempted humour and the belief that the post was private did not negate the racial purpose or hostility involved.
5. The sanction was appropriate and necessary in the public interest. The Panel had followed a proportionate stepped approach, considered aggravating and mitigating circumstances, and gave cogent reasons why a caution or conditions would not adequately address limited insight, attitudinal concerns and confidentiality issues. The approach was consistent with Sastry v General Medical Council.
6. The pending appeal suspended the substantive suspension order under the statutory scheme. In the special circumstances, the court directed that the interim order should expire on 28 March 2023 unless extended, with review before expiry. The appellant was ordered to pay the respondent’s appeal costs, subject to the stated exception and detailed assessment if not agreed.

• Conduct and Competence Committee of the HCPC: found misconduct and impairment of fitness to practise and imposed a four-month suspension order, subject to review.
• High Court (Administrative Court): dismissed the appeal under Article 38(3) of the Health Profession Order 2001 (SI 2002 No. 254), while making consequential directions concerning the interim order and review.