Dear Dr Wollaston

I refer to recent correspondence regarding the Health & Social Care Professions Council. There have been further developments over the last few days that you may wish to bring to your Committee’s immediate attention.

I spoke over the weekend to a senior detective from Surrey Constabulary, who was the lead investigator in a recent paedophilia case.

On Tuesday 15 May 2016, Philip Ralph Batten was found guilty at Guilford Crown Court of 42 offences including gross indecency, child cruelty, serious sexual assault and indecent assault on a child. Batten had been a teacher at the Royal Alexandra and Albert School in Surrey and the offences occurred here and at his home during the 1970s and 1980s.

These offences went unreported at the time and Batten moved to another school and continued offending. He was eventually dismissed and found convicted of sexual abuse to children on 21 April 1989. Again, on 5 March 1999, Batten was found guilty of nine charges of indecent assault and sentenced to three years imprisonment. He was placed on the Sex Offenders Register for life.

During his incarceration, it seems Batten enrolled in the Prison Service education programme and undertook a three-month correspondence distance learning course on chiropody and gained a qualification on completion. On his release in 2001, Batten and his wife moved to the small village of Stogumber on Somerset and despite being on the SOR, he commenced a visiting practice from his home.

From my enquiries this week, it appears Batten never joined any professional bodies or associations and didn’t apply for grandparenting onto the statutory register when the HPC started the scheme in 2004. Had he done either, his previous conviction and SOR entry would have been disclosed – and he would have been refused membership and registration – so it is probable that he decided to stay under the radar and practice without either.

Batten and his wife quickly became a fixture in the local community and he was a regular and enthusiastic church-goer. He didn’t have a practice website and was unknown to colleagues in nearby Taunton and it is most likely that he gained his custom by word of mouth or local shop advertising. There is, however, several listings for Philip Batten as a chiropodist/podiatrist in online business directories (see links below) and as he was advertising as a specialist in sports injuries, one presumes he would have contact with children and young adults over the course of the years.

Batten remained in practice as a chiropodist until his arrest in 2015.

The Police are restricted with the Data Protection Act and cannot comment on any details of Batten’s case, however they were aware of his activities. He had a liaison officer in Avon & Somerset Police under the SOR provisions who would have made enquiries with the HPC, but as he wasn’t registered, the regulator would have been powerless to act. It is obvious that no action was taken to restrict his activities as he remained in practice for 14 years.

I do not wish to labour the point in regard to my case with the HCPC, but you will appreciate I’m sure, that this was precisely the scenario I raised a concern about ten years ago – which ultimately led to my deregistration and prosecution(s). Batten was a sex offender with a distance learning qualification, but practising as a chiropodist without registration. There is listings of him using a designated title in online directories. He should have been prosecuted for misuse of title and the public and health agencies should, I suggest, been informed.

My principle concern is with those people in the communities in Somerset who have sought treatment with this individual during his time in practice.

The charges against Batten in his 2016 trial were all historic and related to his time as a teacher. No investigation or risk assessment was carried out on Batten’s chiropody caseload – and I think that is something that needs to be carried out urgently and sensitively. Perhaps you can give some consideration as to how that can be achieved.

I’m sure you will also share my concerns at the glaring inadequacies of the current regulatory regime. The Prison Service is the largest purchaser of distance learning courses that gives a qualification as a “Foot Health Professional” – the preferred title for unregistered practitioners in the private sector.Is it possible to review prisoner release criteria, particularly with high risk categories such as SOR individuals to determine how many others may have gained qualifications in health or social care provision and are working with the public is similar circumstances as Philip Batten?

Yours sincerely