AC-2023-LON-002171 - [2024] EWHC 132 (Admin)

The admitted conduct in charge 7(a) concerned the submission of a claim form in respect of Patient 1 indicating that the treatment dates were 27 – 31 March 2015, when in fact the claim related to the fitting of a crown which was not started until April 2015 and was fitted in May 2015. In denying that she had been dishonest, Dr Imani relied upon the explanation that the PCC considered and rejected in respect of charge 6(f). The PCC explained its finding of dishonesty in relation to the conduct in charge 7(a) as follows:

“With regard to dishonesty, you denied this and stated that this was an example of where you forgot to cross the ‘incomplete’ box in Part 3 of the FP17 form. The Committee noted that the claim was submitted with a completion date of 31 March 2015, but the treatment was not completed until 15 May 2015. The Committee had previously rejected your explanation regarding your stated misunderstanding when completing the FP17 form for claims at the end of the financial year which it finds implausible (see reasoning above for charge 6(f) in relation to 9(c)).

Therefore, the Committee determined that when you submitted the claim you did so despite knowing that you were not entitled to claim prematurely for incomplete work in that financial year. The Committee paid careful attention to the fact this claim had a completion date of 31 March 2015, which was the end of your UDA year when you underperformed on your NHS contract and were at risk of clawback. The Committee also noted that a number of UDA claims appeared to have been submitted by you on or about the end of the UDA year. Looking at the evidence in the round the Committee find that when you submitted this claim you were seeking to obtain additional UDAs to which you knew you were not entitled. The Committee then determined that this conduct would be viewed as dishonest by the objective standards of ordinary and decent people.”