Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
30 July 2015
High Court confirms that only in ‘very strong cases’ should appellate courts disturb a Professional panel’s previous findings
Smart v Nursing and Midwifery Council [2015] EWHC 1807 (Admin)
Judgement date: 1st July 2015
On 17 December 2004, Mr Smart was convicted of theft of various prescription drugs at Chelmsford Crown Court and sentenced to a community punishment order of 90 hours. Following this conviction, the NMC brought fitness to practise proceedings, and in 2007, Mr Smart was struck of the Register as a result of his conviction. He subsequently reapplied to join the Register, and was reinstated on 14 April 2010. Mr Smart then began employment at Imperial College Healthcare NHS Trust (‘the Trust’) as a Band 5 Staff Nurse within the Clinical Haematology Department at Hammersmith Hospital.
30 July 2015
Press Round-Up: Regulatory and Professional Discipline: July – August 2015
Recent news relating to the Bar Standards Board (BSB), Financial Conduct Authority (FCA), General Medical Council (GMC), General Pharmaceutical Council (GPhC), Health and Care Professions Council (HCPC), Nursing and Midwifery Council (NMC), Solicitors Regulation Authority (SRA).
30 July 2015
Case Update: High Court hold that panel of the NMC were unduly lenient in imposing 4 month suspension for dishonest nurse
Professional Standards Authority for Health and Social Care v Nursing and Midwifery Council, Mr D Wilson, [2015] EWHC 1887 (Admin)
Judgement Date: 5 June 2015
This was an appeal brought by the Professional Standards Authority (PSA) pursuant to section 29 of the National Health Service Reform and Health Professions Act from a decision made by a Panel of the Conduct and Competence Committee (the Panel) of the NMC on 9 January 2015 to suspend the registrant of Mr Wilson for 4 months. The appeal was supported by the NMC. Both the Authority and the NMC submit that the decision of the Panel on sanction in this particular case was wrong, and they invited the learned Judge to quash the suspension and to substitute the suspension for an order striking Mr Wilson off the register.
30 July 2015
Case Update: Findings of dishonesty where dishonesty is not pleaded
Kiani v Solicitors Regulation Authority [2015] EWHC 1981 (Admin)
Judgment date: 12 June 2015
This was an appeal against a decision of the Solicitors Disciplinary Tribunal (SDT). On 8 and 9 September 2014 the appellant had appeared before the SDT facing eight allegations. Allegations 1.1 to 1.4 alleged breaches of the Solicitors Accounts Rules 1998. Broadly speaking these involved different breaches of the Rules in relation to the operation of the solicitor’s client account and in relation to keeping records of her operation of that account.
30 July 2015
Case Update: High Court confirms that disciplinary panels should not refer to findings of fact from previous investigations which could taint the panel’s findings in relation to a registrant’s fitness to practise
Doris Enemuwe v Nursing and Midwifery Council (NMC) [2015] EWHC 2081 (Admin)
Judgement Date 8 July 2015
The appellant was employed as an agency midwife, and on 14 September 2012, the appellant was working at St Thomas’ Hospital when she was assisting with the birth of Patient A’s baby, who was accompanied by her husband during the birth. All charges, with one exception, related to the appellant’s behaviour or performance in relation to the 14 September 2012 date, when she was assisting with patient A’s birth. The final charge related to the appellant taking home confidential medical records following the internal Trust investigation, which were sensitive and confidential and should not have been stored at the appellant’s home.