A children’s doctor who lied to avoid paying more than £40,000 in maintenance has been blocked from a return to practising.
Dr Collen Nkomo, who worked as a locum GP and did shifts at Alder Hey Hospital, Liverpool, was struck off the medical register in 2018 after concealing fraud and drink driving convictions.
A tribunal at the time heard how Dr Nkomo, who lived in Altrincham, had lied to the Child Support Agency, falsely claiming that he was not properly working in the UK.
A Medical Practitioners Tribunal Service (MPTS) has again rejected his return to the profession, saying he had not fully accepted his wrongdoing, and that his skills may have declined to an extent patients would be at risk.
‘Patients at risk’
Dr Nkomo was given a 20-month suspended jail sentence for fraud in 2017 but failed to notify the General Medical Council (GMC) of this.
Dr Nkomo also failed to notify the GMC that he had admitted to drink-driving, driving without a licence and his failing to cooperate with a preliminary breath test in 2015.
After being struck off, his attempt to appeal the tribunal’s decision to the High Court was also dismissed.
In another attempt to be added back to the register last month, the doctor told a hearing that his actions were “despicable, crass and a result of foolishness and bad judgment”.
According to Dr Nkomo, he had been trying to keep up with his medical skills by completing a Master’s degree in drug design.
The Medical Practitioners Tribunal Service (MPTS) report said the doctor had “regularly watched the television documentary series ‘GPs Behind Closed Doors’ in order to keep abreast of current issues and procedures”.
Dr Nkomo had examined friends and relatives who had complaints.
“This was done with their consent and they were always told not to rely on his diagnosis but to see an NHS doctor”, according to the MPTS.
Dr Nkomo pointed out that the offences occurred over a decade ago and said that he had not committed any other offences since that “difficult period”.
Despite hearing of his “profound remorse” and “desire to make amends”, the tribunal decided, for several reasons, to refuse his application to be restored to the doctoral register.
The panel cited concerns that Dr Nkomo’s skills may have “deteriorated” during his time away from clinical practice, which could place “patients at risk”.
The tribunal also determined that Dr Nkomo had not achieved full insight into his wrongdoing, and found evidence he had provided to support his remediation was “inconsistent and incomplete”.
He must now wait another 12 months before he can reapply for consideration.
In 2017 Zimbabwean-born Nkomo who lives in Altrincham, Greater Manchester was given a 20 month prison sentence suspended for two years after he admitted fraud.
Last week the medic was ordered to be erased from the medical register after a disciplinary said his conduct was ‘calculating and persistent.’ He has since attended a course for ‘separated parents’ and is now paying off the arrears at £500 a month. He has since married another woman.
The Medical Practitioners Tribunal Service in Manchester was told the fraud took place between April 2013 and November 2015 after Nkoma split up with the child’s mother who lives in Coventry.
Lawyer for the General Medical Council, Robin Kitchin said: ‘Over a 15 month period, he provided information to the Child Support Agency knowing it was false.
‘He was receiving money in his accounts from a business whilst saying that he couldn’t make payments. He also said he was looking for regular work in the UK whilst living in Zimbabwe.
‘It was found that he had six bank accounts with Halifax, and six bank accounts with HSBC. He was earning over £100,000 across work and his business over that time. He had over £126,000 being transferred across his personal accounts and had been working for agencies in the UK.
‘The amount of money owed built up to £40,800.’
Nkomo who has unrelated conviction for failing to provide a specimen of breath told the hearing how he had endured a ‘horrible split’ with his ex-partner and claimed he failed to make required support payments as he had been denied access to his son.
He said: ‘I was frustrated at not being able to see him although I know this is not an excuse for what happened.
Nkomo said he had endured a ‘horrible split’ from his ex-partner and claimed he failed to make required support payments as he had been denied access to his son
‘I am appalled at my behaviour. I applied for mediation as things with my ex partner were difficult. I would travel to Coventry to be told I couldn’t see my son. I asked for evidence that he was in the country and said I would be happy to pay if he was – but she did not do this.
‘It was not my intention to not pay, I was just trying to get access to my son. I realise just because I was not seeing him I should still have paid but I was not running away from paying for my son – it was about getting contact with him.
‘For most of his life I would see him through a car window or I couldn’t take him to the park, I couldn’t do things that fathers and sons do. I have three children and stooped way too low.
‘Being a father, being a religious person, more importantly being a doctor, I stooped way too low. It has lowered my expectations of myself and I should not have lied. That is not me. I did not go about this the right way at all and I am ashamed of this.
‘My eldest son is nine, I am still trying to get contact with him and planning to go through legal processes again. I am going to preservere, he is my son, I will do whatever it takes.
‘I attended a separated parents course which gave me an insight about what emotions different parents go through. I understand the importance of paying and I realise I need to focus on my family and not a fight. I have now been honest in my relationship and my work, and tried to be a changed person.’
Nkomo’s lawyer Stephen Chinnery said: ‘He accepts what has happened and regrets it all. He is very sorry and was going under extreme stress at the time with access to his child being difficult. This is not an excuse but puts it does explain the context of the offences. He attended a course and has had time to reflect to make sure this never happens again.’
But panel chairman Mr Russell Butland said: ‘Dr Nkomo’s actions were dishonest, calculated and persistent. He continued his dishonest actions for approximately two years and seven months, and he accrued approximately £40,800 illegally by his dishonest interactions with the CSA, having had multiple opportunities to declare his true status.
‘The Tribunal concluded Dr Nkomo’s actions and his criminal conviction have had the effect of bringing the profession into disrepute and betraying the public’s trust in the profession. The public expects doctors to open and honest in all financial dealings.’
Mr Butland added: ‘When questioned on whether his employment income and dividends recorded as paid in his 2016/2017 tax return represented all of his locum income earned, the tribunal was sceptical that Dr Nkomo’s evidence as to his income was accurate.
‘Dr Nkomo estimated that he worked for 46 weeks in that tax year as a Locum GP, usually for three or four days each week
‘When questioned as to how much he earned per month as a locum Dr Nkomo sought to avoid answering the questions, even saying he was unable to give an estimate.
‘Eventually he stated that he had earned approximately £30,000 in the last three months, a figure potentially inconsistent with his assertion that he only earned £43,000 in the entirety of the 2016/2017 tax year.
‘The Tribunal was concerned by these potential inconsistencies, and by Dr Nkomo’s attempts to evade questions on his income.
‘Erasure is the only sufficient sanction which would maintain public confidence in the profession and send a clear message to the profession and the public that Dr Nkomo’s misconduct constituted behaviour unbefitting and fundamentally incompatible with that of a registered doctor.’
Source: Agents
