Former Accies physio suspended over complaints by female patients

Aug 28 2008 by John Rowbotham, Hamilton Advertiser

A FORMER Hamilton Accies physiotherapist has been has been found guilty of professional misconduct.

Ian Constable was suspended from practice for a year after complaints of inappropriate behaviour involving two female patients were upheld.

The Health Professions Council inquiry concluded that 50-year-old Mr Constable demonstrated a “lack of understanding of the importance of respecting the dignity and privacy of patients”.

Mr Constable, an ex-Hamilton Grammar pupil, is a director of Bothwell Physiotherapy Clinic, in the town’s Hamilton Road, and has for many years been physio’ at Hamilton Rugby Club.

He faced 25 complaints relating to consultations with two patients he treated at a Larkhall GP’s surgery.

The inquiry, held in Glasgow and chaired by Raymond Pattison, found all but five of the complaints to be “well founded”.

Inquiry members were told how one of the women had consulted Mr Constable between November 25, 2002, and January 28 the following year.

She complained that he failed to explain why she had to remove the top half of her clothing, made inappropriate comments, administered massage without explaining the reason for doing so and failed to offer the option of having a chaperone present.

According to the woman, during one consultation he ran his finger over her ankle, calf, thigh, bottom, lower back, upper back and shoulders “in the absence of any clinical need.”

A second woman, treated at the surgery between June 10, 1999, and June 28, 1999, said she was partially undressed when, without adequate explanation, Constable bent down so that his head was level with her groin.

She was also unhappy at the way he guided her by the hips and positioned her between his thighs... again without proper explanation.

Mr Constable denied some of the allegations and, in respect of others, did not accept that his remarks or behaviour had been inappropriate.

However, the panel said he had demonstrated “serious failings in his approach to the issue of maintaining the respect, rights, dignity and individual sensibilities of his patients.”

They continued: “Further, he has expressed no remorse for the distress caused to two of his patients, nor has he demonstrated at any time during the hearing awareness of the impact of not allowing patient privacy.”

Suspending him for a year, the panel said there were “no psychological or any other difficulties preventing him from understanding and seeking to remedy his failings”.

Mr Constable was three years ago censured by the Chartered Society of Physiotherapy after they considered the same list of complaints.

The HPC panel also concluded that he had failed to immediately inform them of the outcome of the CSP hearing. For physiotherapists, membership of the (CSP) is optional.

But they must by law be registered with the HPC to call themselves physios.

As the regulator, the HPC has the power to stop the registrant from practising as a physiotherapist whereas the CSP can only impose conditions on membership of their organisation.

Asked why the physio’ had been subject to two disciplinary processes, an HPC spokesman said: “Mr Constable was originally registered with the HPC's predecessor (body), CPSM, but his registration lapsed in 1993.

“Following the conclusion of the CSP's case, HPC was made aware that CSP had investigated and imposed conditions on Mr Constable's membership. As Mr Constable was on the HPC register we were able to investigate the allegations against him through our fitness to practise process.

“HPC can investigate fitness to practise allegations even if the events took place when the individual was not on the register.”