NMC Finding Quashed
Aparna Rao, instructed by Royal College of Nursing Legal Directorate, has successfully appealed a decision of the Nursing and Midwifery Council on behalf of a Registered Mental Health Nurse.
The High Court found that the NMC's Fitness to Practise Committee had failed properly to consider the registrant’s defence at the factual and misconduct stages, and made errors in its assessment of insight and impairment. The Court allowed the appeal on both grounds, quashed the Committee's findings in their entirety, and dismissed the case against the registrant.
The judgment highlights the importance of regulatory panels properly engaging with the defence case, particularly in complex cases involving challenging clinical situations.
The judgment can be read here.