Health and Care Professions Council determination — substantive hearing
HCPTS orders David R Nelson struck off over sexual misconduct
The HCPTS panel found sexual misconduct involving two yoga participants and a confidentiality breach. Separate allegations concerning exposure and disclosure of test results were not proved.
MedicWatch editorial · Published 27 August 2026 · Updated 22 September 2026
Erasure (struck off the register)
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What does “struck off the register” mean?
The regulator directed removal from the register in this decision. The decision explains when the direction takes effect and any appeal provisions. Check the official register for the practitioner's current registration status.
Concerning David R Nelson, physiotherapist (Health and Care Professions Council PH64299).
Decision date: 27 August 2026 · Hearing started 9 June 2026 and ended 27 August 2026
In plain English
The HCPTS panel ordered David R Nelson to be struck off after finding sexually motivated touching of two yoga participants, lack of consent and a confidentiality breach. An allegation of exposing underwear was not proved, the related sexual-motivation charge was dismissed, and disclosure of test results was not proved. The panel found current impairment, limited insight and a risk of repetition. A separate interim suspension covers the appeal period and any appeal, for a maximum of 18 months.
Charges
Allegations concerned adjusting yoga participants without consent, sexually motivated touching of two participants' breasts, exposing underwear during a physiotherapy appointment, and disclosing another patient's treatment or test results.
Findings
The panel proved lack of consent (1), breast touching (2 and 3), and both sexual nature and sexual motivation (4). It did not prove the allegation of lowering trousers/exposing underwear (5); the related sexual-motivation charge (6) was dismissed at the half-time stage for insufficient evidence. It proved a confidentiality breach about treatment under 7, but not disclosure of test results. The proved conduct amounted to misconduct, with current impairment on personal and public grounds. The panel ordered striking off and imposed a separate interim suspension for the appeal period and any appeal, subject to a maximum of 18 months.
Mitigating and aggravating factors
Mitigating factors
• prior to this matter the Registrant had no previous disciplinary history with the HCPC;• the Registrant had engaged earlier in the process and although that was incomplete overall, there has been participation by him.• There was some mitigation in relation to the less serious of the Particulars in regard to changes to obtaining service users’ consent.• Witnesses have spoken positively about the Registrant’s improved practice regarding consent.
Aggravating factors
• These serious departures from the standards expected of the Registrant which reoccurred over a short period of time.• The Registrant’s actions had amounted to a series of breaches of trust,• The Registrant’s disregard for the importance of obtaining consent to touching a service user.• He had touched Persons A and B in a sexualised way for his own sexual purposes.• There was no evidence of insight by the Registrant into the harmful effect his actions had on Persons A and B, and the damage he had caused to the necessary trust and confidence held by the public in the profession,• There was no genuine expression of remorse and there was no acknowledgement of the degree of harm done by him,• There was no evidence of attempted remediation.
Source
All facts on this page are drawn from the publicly published Health and Care Professions Council determination linked below. MedicWatch does not editorialise the regulator’s findings.
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