Stephensons has gained an excellent reputation for defending Nurses and Midwives facing fitness to practise proceedings and we pride ourselves on achieving the best possible results for our clients. Our team has experience of dealing with a wide range of cases and the following case studies are examples of our recent work in this area. If you are facing proceedings before the Nursing and Midwifery Council please contact our specialist fitness to practise lawyers on 0161 696 6250 without delay.
Our lawyers acted on behalf of a nurse referred to the NMC following allegations of poor clinical competence. At the outset of the referral to the NMC, our client had an interim order of conditions placed on their practice whilst the investigation was conducted. We acted on behalf of our client at an interim order review hearing, which resulted in our client’s conditions being lifted and allowed our client to continue to practise without restriction whilst the investigation continued. Following this, we made written representations to the NMC’s case examiners arguing that our client’s fitness to practise was not impaired due to her extensive remorse, remediation, and reflection. The case examiners agreed that our client did not pose a risk to the health, safety or well-being of the public and concluded that there was no case to answer. The case was closed with no further action.
Our lawyers acted on behalf of a nurse referred to the NMC following allegations of misconduct within their role as a manager of a care home. Written representations were made to the NMC’s case examiners arguing that the actions did not amount to misconduct, and that our client’s fitness to practise was not impaired. The Case Examiners concluded that there was no case to answer and the case was closed.
Our lawyers acted for a nurse referred to the NMC following an isolated incident in a care home. Our client was alleged to have failed to obtain a patient’s consent and then injured the patient during the course a procedure. A detailed response was made to the NMC’s Case Examiners which included limited admissions, evidence of insight and a comprehensive programme of training and remediation. On the basis of this evidence the Case Examiners concluded that there was no case to answer.
Our lawyers acted for a nurse accused of serious misconduct relating to the treatment of a patient with a mental health condition. Our client broadly admitted the allegations made by the NMC but disputed many of the underlying facts. We entered into negotiations with the NMC regarding a consensual panel determination (CPD). The CPD was ultimately agreed and as such our client avoided a fitness to practise hearing.
NMC fitness to practise hearings
Our lawyers represented a nurse facing wide ranging allegations of serious misconduct. We identified a number of evidential issues in relation to the NMC’s case and obtained significant missing evidence which was presented to the committee. We also relied on expert evidence which supported our client’s case. The committee found that our client’s actions did not amount to misconduct and the case was dismissed.
Our lawyers acted for a care home manager referred to the NMC following a very serious incident in a care home. Our client admitted the allegations which were made but denied that their fitness to practise was currently impaired. The bundle of documents presented to the committee included excellent references and significant evidence of insight and remediation. The committee did not make a finding of impairment and no action was taken against our client’s registration.
Our lawyers acted for a nurse referred to the NMC following a conviction for a serious criminal offence which resulted in a suspended prison sentence. Compelling evidence of mitigation, remorse and insight was presented to the committee. The committee made a finding of impairment but did not take any action against our client’s registration.
Our lawyers acted for a nurse who faced an allegation that their fitness to practise was impaired by reason of their mental health. We presented positive evidence to the committee in relation to our client’s health and also obtained supportive evidence from our client’s employers. The committee were satisfied that there had been a substantial improvement in our client’s health and the case was dismissed.
Our lawyers acted for a Midwife in respect of a long-running case which dealt with a number of allegations of poor clinical competence and professional misconduct. The committee found that our client’s fitness to practise was not currently impaired and therefore no sanction was imposed. Our client was able to continue to practise without restriction.
Our lawyers acted for a nurse who faced two separate referrals to the NMC in relation to a number of criminal convictions. The two cases were joined, allowing all matters to be dealt with at one hearing before a panel of the conduct and competence committee. Our client demonstrated significant remorse and insight and as a result the committee found that our client’s fitness to practice was not currently impaired. Our client was able to continue to practise without restriction.