Former Senior NHS Doctor Convicted of Voyeurism Struck Off Nicky Broyd February 06, 2020
A former senior NHS doctor who was found guilty of spying on a person in a shower has now been struck off.
Last June , Jonathan Fielden was given a 5 month prison sentence at Luton Crown Court, suspended for 12 months, after pleading guilty to a charge of voyeurism at an earlier hearing.
The 56-year-old from Biddenham, Bedford, admitted the offence committed at a private property in Linslade, near Leighton Buzzard, between 2014 and 2016.
He resigned as director of specialised commissioning and deputy national medical director at NHS England.
He was suspended from the list of registered medical practitioners in September 2018. rivate Hearing
The Medical Practitioners Tribunal Service has now published its decision of a hearing held in private.
The hearing detailed how Dr Fielden was convicted contrary to section 67(1) of the Sexual Offences Act 2003.
"The specific incident concerned Person A XXX. Dr Fielden had looked at XXX through a hole in a light fixture in the ceiling whilst XXX was using the shower. Dr Fielden admitted in court that he was in the loft directly above Person A’s shower and that he looked down a ventilation pipe at Person A for up to '15 to 20 seconds'. He admitted that he did so for his own sexual gratification."
The lawyer for the GMC submitted that, "any form of sexuallymotivated conviction by a member of the medical profession is likely to be
considered serious and undermines public confidence in the medical profession…Furthermore, he submitted that the fact that Dr Fielden’s conviction involves a child is an aggravating feature and drew the Tribunal’s attention to the harmful psychological impact the incident of voyeurism had upon Person A."
Dr Fielden's lawyer contended that the incident was an "isolated and momentary incident", that her client posed a low risk of reoffending, and that suspension, not erasure, was the proportionate sanction. Struck Off
The Tribunal noted that in his statement Dr Fielden said "the incident was clearly an event that impaired my fitness to practise at the time".
It also noted the offence was difficult to remediate.
The Tribunal accepted that Dr Fielden was under considerable pressure at work at the time of the incident but that he was working within his limitations.
The hearing determined that Dr Fielden breached fundamental tenets of Good Medical Practice (GMP), particularly paragraphs:
1 Patients need good doctors. Good doctors make the care of their patients their first concern: they … act with integrity and within the law.
65 You must make sure that your conduct justifies your patients’ trust in you and the public’s trust in the profession.
It concluded that, "Dr Fielden lacked insight as regard to the impact of the offence on the NHS, the profession as a whole and his colleagues. The
Tribunal noted that Dr Fielden held a very senior position in NHS England and was expected to provide leadership and direction. Whilst Dr Fielden acknowledged the impact of the loss of his career upon himself the Tribunal considered that he had failed to demonstrate sufficient insight into the impact upon his profession as a whole and those for whom he had responsibility."
The decision said: "The conviction in this case is of such a serious nature that, for all the reasons set out above, the Tribunal has concluded that erasure is the only proportionate sanction to promote and maintain public confidence in the medical profession, and to uphold proper professional standards and conduct for members of the profession.
"The Tribunal therefore directs that Dr Fielden’s name be erased from the Medical Register."He has 28 days in which to appeal.
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