HCSA News 61 - August 2011

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CASE Y STUD

The Saga of Mr Iftikhar The HCSA is sometimes criticised for not giving sufficient publicity to cases where the Association has supported members and come through with positive results. More often than not this is not through false modesty but because the protection of members’ confidentiality takes higher priority.

But two years after these lists had been undertaken, and certified correct for payment by the managers at the time, a new management team concluded that these payments should not have been made as they constituted “double payments”. Not only were disciplinary proceedings taken against him, but the NHS Counter Fraud Office undertook its own investigations.

However one case has been concluded which the HCSA member scored a spectacular success – and not surprisingly wants to share it. As we were fully involved in working with him throughout one of the most appalling acts of mismanagement we are delighted to publish his story.

In the event the Crown Prosecution Service did not pursue the matter. However the disciplinary hearing and subsequent appeal both concluded that Mr Iftikhar had inappropriately claimed for waiting list payments to the sum of around £33k and placed a final warning on file with a demand for repayment of this sum. The Trust just wanted the money back and Mr Iftikhar punished in some way through the disciplinary procedure.

Told by Chief Executive Stephen Campion The circumstances are quite simple. Mr Muhammad Iftikhar, a consultant obstetrician and gynaecologist in Dorset County Hospital Foundation Trust in Dorchester, was asked to undertake waiting list initiatives at the NHS Hospital. Targets were not being met and the NHS costs were substantially less than had they been performed at the nearby private hospital. Mr Iftikhar, as indeed did many other surgeons around the country, agreed to help the Trust meet its performance targets in consideration of a fee agreed with the Local Negotiating Committee.

Solicitors acting on behalf of Mr Iftikhar were instructed and advised the Trust that the claim of repayment would be resisted but that these funds would be held by them pending resolution at the County Court. The Trust failed to respond to this offer but over one year later during the course of the proceedings threatened Mr Iftikhar with further disciplinary proceedings if he failed to return the money. Yet more meetings were held with the Trust with the HCSA representing Mr Iftikhar, who was left in no doubt that failure to repay the money, notwithstanding the fact that the matter was to be determined by the County Court, would result in summary dismissal. So, under protest, the money was repaid and matters proceeded to the County Court. What happened next? You guessed it.

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HCSA News Issue No.61 - August 2011


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