Former Accies physio facing second probe

Aug 14 2008 by John Rowbotham, Hamilton Advertiser

A FORMER Hamilton Accies’ physiotherapist is subject of a second professional misconduct hearing in three years.

Ian Constable was in October, 2005, censured by the Chartered Society of Physiotherapy (CSP) after two women complained about their treatment.

Now physiotherapy’s other regulatory body, the Health Professions Council, are looking into the same allegations.

Mr Constable (50), director of Bothwell Physiotherapy Clinic in the town’s Hamilton Road and for many years physio at Hamilton Rugby Club, is also accused of failing to disclose to the HPC conditions imposed on his membership by the CSP following the first hearing.

The Health Professions Council, who regulate standards, training and behaviour for a number of professions, held their tribunal against Mr Constable in Glasgow last week.

They examined claims linked to two incidents that took place up to nine years ago involving women who had gone to him for treatment at a Larkhall doctor’s surgery.

Both complained that he failed to communicate effectively, made inappropriate comments during treatment, and also behaved inappropriately.

In both cases, Mr Constable was said not to have gained express consent in relation to the removal of clothing.

One woman said she was asked to remove clothing without explanation, another accused him of remaining in a cubicle with her while she was undressing

One woman complained of treatment she had undergone between November 25, 2002, and January 28 the following year.

The other was unhappy about treatment she received between June 10 and June 28, 1999.

The two-day CSP professional conduct committee hearing in 2005 heard 26 complaints against Mr Constable in relation to consultations at the surgery. Most of the charges against him were dismissed.

However, a complaint in relation to one of the women – that he massaged her back while she was standing with her bra undone and finding it difficult to keep the garment in place – was found to be proved. He was also rapped for failing to ensure that full physiotherapeutic records were kept in relation to both women.

Mr Constable was further censured for failing on a number of occasions to offer one of the women the option of having a chaperone.

His registration was made conditional on providing to the CSP six-monthly reports on his “continued professional development”.

He was also instructed to give particular attention to “record-keeping, clinical supervision and reflective practice in relation to recognising, respecting and upholding the rights, dignity and individual sensitivities of patients”. The conditions were imposed for a two-year period.

Mr Constable said that he had defended himself robustly against the allegations.

He added: “There are two different legislative bodies for physiotherapists and I was not on their (HPS) register at the time (of the first hearing). This is the same case but it is the second body who are saying that they want to review it as well. I have denied the allegations.”

The hearing will resume on August 22. If the case is proved, he faces a range of penalties including being struck off.