Women receive criminal conviction for operating as therapists

Two women who operated an occupational and speech and language therapy service in Cork have been fined after they pleaded guilty to six charges relating to using professional titles to which they were not entitled.

Lisa O'Driscoll (38) of Ardcahon Way, Coolkellure, Lehenaghmore, Cork and Emma Power (30) of Clonlea, Mount Oval Rochestown Cork both pleaded guilty to six sample charges. This is the first criminal conviction of its kind.

Ms O’Driscoll pleaded guilty to using the title speech and language therapist while Ms Power also entered a guilty plea to using the title occupational therapist. Both offences occurred in 2018 and 2019 and were breaches of the registration requirements under the Health and Social Care Professionals Act 2005.

The women were directors of Bright Speech and Occupational Therapy Services, known locally as Bright SPOTS, at the South Ring Business Park, Cork. The company, incorporated in 2016, provided services to vulnerable children particularly those with developmental disorders.

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The two women received their qualifications and were registered in the UK. However, they were not registered in Ireland.

Both women appeared before the High Court in January. They were operating without being registered with Coru, the Health and Social Care Professional Council. They acknowledged then that they were not permitted to use protected titles in Ireland and would desist from using those unless and until they were registered with Coru.

At Cork District Court on Wednesday Carrie McDermott, solicitor, representing the women said they had ceased trading since the High Court ruling. They are both now unemployed and are paying High Court costs of more than €1,000 between them in spite of their poor financial circumstances.

Ms McDermott told Judge Con O’Leary her clients had paid the “ultimate price” for failing to register with Coru and that their lives had been “devastated” by the proceedings. She said that the case involved a “jurisdictional regulatory problem” and that the women had to liquidate their business though they counted the HSE as among their biggest clients.

She said the women had “battled so hard” in recent months and had met the case against with dignity.

‘Very sorry’

Ms McDermott said the women were “very sorry” for not registering in Ireland. However, they were both very busy with their work and were awaiting documentation to prove their credentials from the UK. She described the prosecutions taken against her clients as “using a sledge hammer to crack a nut”.

Martina Ward Clancy of the Health and Social Care Professionals Council, said they had given the women every opportunity to register in Ireland.

Coru’s role is to protect the public through regulating the health and social care professionals listed in the Health and Social Care Professionals Act 2005. It regulates 19,000 health and social care professionals in Ireland.

Prosecuting barrister Tony McGuillicuddy said the women had received written warnings in 2018 to stop using their titles following complaints from the users and other therapists. The court heard that notwithstanding correspondence from Coru and undertakings given by both women not to hold themselves out as having the protected titles at issue, the undertakings were not observed and they continued to trade.

Judge O’Leary said that the women were naive to continue trading without the relevant registration in Ireland. He fined the women €100 each and ordered them to pay nominal costs of €250 each. He said the amounts would have been higher only for the fact that the women are paying High Court costs.

Complaints

In a statement Coru said the prosecution was taken following complaints made to them about the use of the titles.

Its chief executive Ginny Hanrahan welcomed the verdict stating "this investigation and prosecution was a necessary and important action to protect the public".

Ms Hanrahan reminded people of the importance of checking the Coru register before using the services of a designated health and social care professional.

“Coru registered professionals have demonstrated that they meet the educational standards set by the registration board, that they are fit and proper to practise, are garda vetted and that they agree to abide by a code of professional conduct and ethics.

“If there is a failing, Coru can investigate and hold a fitness to practise hearing if required. We cannot take action if there is a failing and you are using the services of a non-registered professional – so I encourage people to check the register at www.coru.ie,” she added.