At 9.45am yesterday at Feltham Magistrates Court in Middlesex, Mohammed Sadiq was sentenced for offences under the Care Standards Act 2000, which requires providers who use a class 3B or 4 laser to register with the Healthcare Commission.
The magistrates imposed a custodial sentence of 5 months, suspended for two years. Within that time, Mr Sadiq will be supervised by probation services and must perform 100 hours unpaid work in the community. He will also be reviewed on a regular basis with the first review scheduled for Friday 22 February 2008 at Feltham Magistrates Court.
The chair of the magistrates considered the matter sufficiently serious to justify a custodial sentence as Mr Sadiq posed a serious risk to the public in operating an unregistered laser.
If any aspect of this order is broken or the offender is convicted of an offence, he will serve the prison sentence.
The magistrates considered Mr Sadiq's financial status and ordered him to pay £30,000 in costs, to be paid by the end of 2008.
This is the offender's second conviction. The Healthcare Commission first brought a successful prosecution against Mr Sadiq, of Henna's World on Hounslow High Street, in October 2006 for carrying on and managing an establishment that was required to be registered.
At Brentford Magistrates' Court on Friday 6 October 2006, following investigation by Commission officers, Mr Sadiq pleaded guilty to the offence and was fined £15,000. Mr Sadiq was also ordered to pay the Healthcare Commission's costs.
Despite this, Healthcare Commission inspectors subsequently found Mr Sadiq had continued to provide laser treatments without the required registration.
A witness told the Commission she had undergone laser treatment at the premises on a number of occasions. These were subsequent to Mr Sadiq's first conviction. Inspectors also found services had been delivered without any evidence of staff training and in the absence of the safety rules required to provide such laser services: there were no medical protocols or evidence of the laser being serviced and maintained.
In light of this continued breach of the legislation, the Commission brought a further prosecution. At Brentford Magistrates' Court on Friday 7 December 2007, Mr Sadiq, trading at the same premises on Hounslow High Street known as Hennas, pleaded guilty to three offences under the Care Standards Act 2000.
Lasers used for procedures such as hair and tattoo removal can cause harm if not used correctly.
Anna Walker, Chief Executive of the Healthcare Commission said:
"More and more people are opting to undergo certain types of procedures at private clinics. As a regulator, our number one priority is the protection and safety of the public. That's why the Government requires those carrying out certain procedures to be registered with us. We will not hesitate to take action against those found flouting the law. This sentence sends out the message that providing an unregistered service is a serious offence.
"Patients have a responsibility for their own safety too. The first thing they should do before opting for any treatment from an independent healthcare provider is to check with us that the organisation is registered if it needs to be."
Assessment of registered providers' compliance with national minimum standards continues after approval of their registrations. The Healthcare Commission checks each provider in relation to a number of standards including the quality of their treatment and services and the safety and cleanliness of their premises and equipment. The Commission also looks at the qualifications and skills of their staff, their provision for training and professional development and their procedures for handling any complaints.
These checks are risk-based. Each year, independent providers complete a self-assessment against the standards. This information is then analysed alongside all the information the Commission has on the provider. Should any areas of risk be identified, such as non-compliance with standards or a breach of regulations, the Commission may carry out an inspection.
Notes :
Information on the Care Standards Act 2000 ("the Act")
- The services being operated in Hounslow known as Hennas included those required to be registered under Part II of the Act.
- The Healthcare Commission, as the regulator, has the general duty, under section 5A (2) of the Act of encouraging improvement in the quality of independent health services provided in England.
- Section 11(1) of the Act requires a person who carries on or manages an establishment providing treatment using a Class 3b or Class 4 laser product (subject to certain exemptions) to be registered with the Healthcare Commission.
- Carrying on or managing such an establishment without registration carries the maximum sentence of a fine not exceeding £5,000 in relation to each offence. Where the conviction is a second or subsequent conviction of the offence and the earlier conviction was of an offence in relation to an establishment of the same description, the maximum sentence is imprisonment for a term not exceeding 6 months or a fine not exceeding £5,000 or both.
Information on the Healthcare Commission
The Healthcare Commission started work on 1 April 2004. It was created under the Health and Social Care (Community Health and Standards) Act 2003. The organisation is responsible for regulating healthcare in both the independent sector and the NHS. It took over some responsibilities from other commissions, including all of the functions of the former Commission for Health Improvement (CHI), the private and voluntary healthcare functions of the former National Care Standards Commission (NCSC) and elements of the Audit Commission's work, which relate to value for money in healthcare.
Healthcare Commission