HEALTHCARE COMMISSION OBTAINS INJUNCTION AGAINST UNREGISTERED PRIVATE SLIMMING CLINICS

10 Dec 2004 10:15 AM

The Healthcare Commission has been successful in obtaining a permanent injunction against Dr Abu-Romia, Mrs Anna Abu-Romia and Mr Fethi Rouani to stop the practice of four unregistered private slimming clinics in Salford, Stoke on Trent and St Helens.

The Healthcare Commission was made aware of the possible illegal operation of the private slimming clinics, and on investigation found them to be unregistered. Despite repeated warnings from the Healthcare Commission to cease operation without registration, they continued to provide services and were therefore considered to pose a risk to the health and safety of the members of the public.

The Healthcare Commission's Chairman, Sir Ian Kennedy said:

"Protecting patients' safety is our number one priority. We will not hesitate to take legal action when a clinic operates without being registered and poses a risk to the public. We are very pleased that this precedent of granting a permanent injunction has been set. We hope that it will serve as a warning to other unregistered providers in the private healthcare sector".

In England the Healthcare Commission is responsible for regulating private and voluntary healthcare providers to ensure they are meeting their obligations under the Care Standards Act 2000.

This legislation defines which private healthcare providers are required to be registered with the Healthcare Commission. The Commission inspects registered providers annually to ensure they continue to meet the standards required by the legislation in order to protect patients' safety. If providers do not meet these requirements the Healthcare Commission will take action to ensure compliance.

It is important when members of the public decide to use private healthcare where registration is required by the provider, that they check with the Healthcare Commission, or with the doctor or clinic that they are visiting, that the clinic is registered. A list of all registered private and voluntary healthcare providers is available on www.healthcarecommission.org.uk .

Additionally, if there is any doubt about the need for a provider to register, contact should be made with the Healthcare Commission. Detailed information about the registration process and application forms are available on www.healthcarecommission.org.uk . Alternatively you can phone 020 7448 9200 and ask to speak to a member of the private and voluntary healthcare team.

Notes to Editors

• The Healthcare Commission is currently undertaking an extensive consultation with patients, members of the public, healthcare workers and clinicians on a new approach to assessing the performance of healthcare organisations in England. The consultation will end on February 21st. To take part, contact the Healthcare Commission website: www.healthcarecommission.org.uk , email feedback@healthcarecommission.org.uk or call the helpdesk on 0845 601 3012.

• 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 has a range of functions and takes 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.

• The Healthcare Commission is chaired by Professor Sir Ian Kennedy and has 15 commissioners. Its staff are based in London, Nottingham, Leeds, Bristol and Manchester. Sir Ian Kennedy was chairman of the public inquiry into children's heart surgery at Bristol Royal Infirmary, published in 2001.

• The Healthcare Commission's role is complemented by specific new arrangements for the inspection of healthcare in Wales that also began on 1 April 2004. Responsibility for local inspection and investigation of NHS bodies in Wales rests with the new Healthcare Inspectorate Wales (HIW), based within the National Assembly for Wales.

• The Healthcare Commission does not cover Scotland as it has its own body, NHS Quality Improvement Scotland. From April 2005. A new body, the HPSS Regulation and Improvement Authority (HPSSRIA), will undertake regular reviews of the quality of services in Northern Ireland.

• Further information on the Healthcare Commission is available on www.healthcarecommission.org.uk

• The concordat does not affect the statutory remit of individual inspection bodies.

  For media enquiries or to arrange an interview, please contact Donna Watson, Press Officer at the Healthcare Commission on 020 7448 0868.

Annex

Commission for Healthcare Audit and Inspection v Dr Mustafa Abu-Romia (1), Mrs Anna Agnieszka Abu-Romia (2) and Mr Fethi Rouani (3).

The Healthcare Commission was represented at the hearing by Michael Mylonas, instructed by Bevan Brittan LLP.

1. On 29 November 2004 the High Court heard an application made by the Healthcare Commission for a permanent injunction against Dr Mustafa Abu-Romia, Mrs Anna Abu-Romia and Mr Fethi Rouani to restrain them from carrying on, or being involved in the carrying on, of an establishment or agency as defined under the Care Standards Act in England or Wales without registration by the Healthcare Commission. Mr Justice Cooke granted the injunction against Dr Abu-Romia and accepted the undertaking of Mrs Abu-Romia and Mr Rouani to comply with the terms of the order sought. Costs were also ordered against Dr and Mrs Abu-Romia.

2. It is a criminal offence under s 11 of the Care Standards Act 2000 to carry on or manage an establishment or agency as defined under that Act without being registered. The defendants in this case had either together or separately run slimming clinics in Salford, Stoke on Trent and St Helens without registering them. Medical practitioners provided slimming treatments and medication at these clinics.

3. Despite repeated warnings from the Healthcare Commission to cease operating such establishments without registration, the Defendants had regularly breached the law by continuing to operate such clinics and were therefore considered to pose a risk to the health and safety of the members of the public. The Healthcare Commission was concerned, in light of the repeated breaches and given the Defendants had moved between various premises in the Northwest, that the Defendants would try to continue to operate unlawfully and therefore sought a permanent injunction from the Court in order to protect patients' safety.