Elaine Miller

After standing in the public gallery of the Scottish Parliament, lifting her skirts, so that she appeared to be flashing her genitals though it later emerged that she was wearing sheer tights and a “merkin”, Elaine Miller has demonstrated that she is not fit to practice as a physiotherapist. Can any action be taken?

A professional person is employed not just for their knowledge, but for their judgment. A professional person should treat colleagues and service users with appropriate respect. Service users should be able to trust a professional. Therefore a professional should observe minimal standards of propriety even when not working, lest she forfeit that trust.

Elaine Miller’s judgment is impaired, she shows no respect, patients might reasonably not trust her.

After five years and three consultations showing overwhelming support for reform, and a Bill argued at great length in committee and in the chamber, the Gender Recognition Reform (Scotland) Bill is worthy of respect. The Parliament and its members are worthy of respect. Miller’s behaviour at the vote on 22 December 2022 was disgusting. She brings her profession into disrepute.

So, will the Chartered Society of Physiotherapy (CSP) take action against her?

Currently, the CSP has a campaign against microaggressions. In October 2021, they published their equity, diversity and belonging strategy. It says marginalised people are treated as if not important, and have little influence or power. They support intentional acts of inclusion and embracing difference. It focuses on changing the CSP and the profession of physiotherapy to achieve equity in employment and promotion for members of marginalised groups, including by race, gender, sexual orientation, age, religion, social class and disability. As a guiding principle, it “makes sure that all of our members and staff value and understand diversity”. It aims to support all members to be effective allies working in solidarity with marginalised groups, and respect other people’s experiences. Their purpose is to transform the health and wellbeing of individuals and communities.

Its aims include “to make sure the experience of members marginalised due to their protected characteristics is positive, equitable and inclusive”. “Discrimination and unfairness are identified and challenged.”

In January 2020, the CSP reviewed their code of professional values and behaviour. The code promotes professionalism. CSP members should behave ethically. They should act with integrity, honesty, respect and openness. They should “manage the impact of their own beliefs, values and behaviours including in their interaction with others” (2.2.1), and “Recognise the potential impact of their personal behaviour, life-style, and activities outside work (including social media use) on their physiotherapy role” (2.2.8). They should “Recognise their role as an advocate for the physiotherapy profession” (2.3.4) and “Uphold their professional responsibilities in how they communicate both in a professional and personal capacity” (2.3.6).

Physiotherapists should “respect and promote individuals’ autonomy” (3.2).

Miller’s actions show complete contempt for the CSP’s equity, diversity and belonging strategy and code of professional behaviour. The CSP should take action formally censuring her, and consider removing her membership.

Miller may assert that she is not against trans people, but she fears violent men may pretend to be trans in order to gain access to vulnerable women. However, she opposes trans rights. She would punish trans people for behaviour she fears from those she says are not trans. This is persecution.

So I wrote that to the CSP through their contact us page. They say they aim to respond within seven working days. I will let you know how I get on. You may consider a complaint is appropriate: please do not simply copy this one, but state how Miller’s actions breach CSP ethics.

The Health and Care Professions Council (HCPC) standards of conduct, performance and ethics are similar. The HCPC has the role of considering whether a registered practitioner, including a physiotherapist, is fit to practise, and that involves considering their character.

The standards include the following:

Social media and networking websites
2.7 You must use all forms of communication appropriately and responsibly, including social media and networking websites.

9 Be honest and trustworthy
Personal and professional behaviour
9.1 You must make sure that your conduct justifies the public’s trust and confidence in you and your profession.

The HCPC gives information about “raising a concern”. Anyone can do this. Elaine M Miller of Edinburgh has the registration number PH47101. I consider Miller could be a risk to public confidence in the profession of physiotherapist, and indeed to the public. Her behaviour means she is unfit to carry out her work. She committed a reckless and deliberately harmful act. Her behaviour was indecent, even though she was wearing tights. You can download a form to raise a concern.

The form gives an email address for its return: ftp@hcpc-uk.org. The HCPC will keep complainants informed about any action to investigate or pursue a complaint. So I sent them a complaint, too.