Stephensons is proud to have represented Ms Richmond, a senior midwife, in the landmark High Court case Richmond v NMC [2025] EWHC 1828 (Admin). Laura Hannah, Partner at Stephensons, instructed Daniel Brown and Louise Hartley of 3PB Barristers, securing a significant victory that sets a precedent in professional disciplinary proceedings.
The Interim Conditions of Practice Order against Ms Richmond was originally put in place for 18 months and had been reviewed on three occasions during this time, following a referral to the Nursing and Midwifery Council (NMC) concerning allegations of discriminatory remarks and the use of a religious space at her Trust. As the Interim Order was due to expire and their investigation remained ongoing, the NMC applied to the High Court to extend the Interim Conditions of Practice Order for a period of 12 months. The NMC’s application was made on the basis that the alleged remarks raised a risk that she would treat patients in certain groups differently to others. Despite the seriousness of the allegations, the High Court found no evidence of risk to patients in this regard, noting Ms Richmond’s exemplary 45-year career and the absence of any misconduct in a clinical context concerning patients.
Crucially, the court rejected the NMC’s reliance on the notion that “a member of the public would be concerned” if a registered nurse or midwife facing such allegations was allowed to practise without restrictions during an investigation, identifying this as a flawed and overused rationale in interim order decisions. This echoes the earlier judgment in NMC v Persand [2023], reinforcing that public concern alone is insufficient grounds for imposing restrictions without substantive evidence of risk.
This case not only vindicated Ms Richmond but also highlighted the importance of evidence-based decision-making in regulatory proceedings. It serves as a warning against the routine use of generic reasoning in interim orders and opens the door for future challenges where similar language is used without justification.
Stephensons is committed to defending professionals facing regulatory scrutiny and ensuring fairness in disciplinary processes. If you are facing fitness to practise proceedings and need expert legal support, contact our specialist solicitors at Stephensons now on 0161 696 6250.