A SURGEON who was spared a misconduct hearing after the main witness decided not to give evidence will resume his duties on Monday.

But suspended gynaecologist Neil Hebblethwaite will initially work for South Tees NHS Trust, rather than at his old hospital, the Friarage, in Northalleton, North Yorkshire.

Mr Hebblethwaite, who has not worked at the Friarage for nearly two years, was expecting to go before the General Medical Council's (GMC) professional conduct committee after having an affair with a woman patient.

But the hearing will not take place because the woman could not face the "further trauma" of giving evidence in London.

Bosses at Northallerton Health Care NHS Trust have agreed to lift his suspension and allow him to return to work.

However, officials have confirmed that the trust's original finding of misconduct against him remains in place, along with a final written warning.

Rather than allow Mr Hebblethwaite to return to the Friarage immediately, the trust has asked the surgeon to work under supervision at the neighbouring South Tees trust, which includes James Cook University Hospital and Middlesbrough General Hospital.

If Mr Hebblethwaite performs satisfactorily, he will be able to return to the North-allerton trust.

Bruce Skilbeck, chief executive of Northallerton Health Care NHS Trust, which will merge with the South Tees trust in April, said: "The period of suspension will be lifted on January 14. Mr Hebblethwaite will then undertake a period of supervised practice with South Tees. When our medical director is satisfied, he will return to the Friarage to practice."

Mr Skilbeck predicted that the period of supervision could last from one to three months, depending on progress. The North-allerton trust boss said a meeting yesterday with the surgeon was "straightforward".

Mr Hebblethwaite was accompanied by a representative from the British Medical Association.

The surgeon was sacked in October 2000 after an allegation of misconduct was upheld. He was reinstated on appeal last April.

Mr Hebblethwaite was unavailable for comment.

Graham Maloney, a health campaigner who has supported the unnamed woman patient, said: "The GMC should have pressed ahead with the case. As a system, it doesn't work."