During a court appearance, the Judge observed that Ms K was “…late, somewhat dishevelled and unsteady on her feet.” Another practitioner spoke to Ms K and she admitted that she was intoxicated. Ms K notified her soon to be employer and together, they made a plan for her to engage with medical and therapeutic support. Ms K admitted that she had wilfully and recklessly breached her obligations to her clients, the court and the standards of the profession. She accepted a charge of misconduct. The Tribunal considered her conduct put the sound representation of clients at risk, was disrespectful to the court and undoubtedly diminished the reputation of the profession in the eyes of the public.

In determining a penalty, the Tribunal considered that Ms K’s conduct was serious and “totally unacceptable,” but it also acknowledged that it arose from an illness that needed to be managed. The Tribunal accepted that a rehabilitative approach was appropriate in the circumstances.  Ms K’s honesty about her intoxication at the time and her willingness to immediately treat her illness were to her credit. The Tribunal noted Ms K had a supportive employer and was in a work environment in which any lapse in her sobriety would not go unnoticed. Ms K gave an undertaking that she would engage in alcohol counselling for 12 months and that she would submit to random breath testing.

While the Tribunal was concerned by Ms K’s disciplinary history, it acknowledged she did not see her past issues as connected to alcoholism and that she was making an effort to repay her outstanding costs. Accordingly, the Tribunal censured Ms K and ordered that she cannot practise on her own account unless authorised by the Tribunal. She was also ordered to complete 12 months of supervision/mentoring from her employer with a focus on her wellbeing including alcohol consumption. Ms K was also ordered to pay costs.