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19 January 2015

Case Update: NMC’s failure to draft charges that sufficiently reflect the gravity of Registrant’s conduct led to serious procedural irregularity

Professional Standards Authority for Health and Social Care (PSA) v Nursing and Midwifery Council (NMC), Duncan Gerald Macleod, [2014] EWHC 4354 (Admin).

On 22 April 2011 the Registrant witnessed Nurse X goading a vulnerable mental health patient, Patient A. He then saw Nurse X place Patient A in a headlock in contravention of appropriate restraint procedures. As a result of Nurse X’s actions, Patient A struck Nurse X with a hairbrush and caused a laceration above Nurse X’s eye. Nurse X went to Accident and Emergency for treatment and on her return completed a Serious Incident Report (SIR) in respect of Patient A’s assault on her. 

19 January 2015

Case Update: Midwife accused of inadequate care, failing to maintain accurate records and dishonesty

Penny Ann Lavis v Nursing and Midwifery Council, [2014] EWHC 4083 (Admin) 

Findings of NMC fitness to practice panel overturned as Panel fall into error when considering dishonesty with regard to record-keeping.

Judgment Date: 5 December 2014

19 January 2015

Case Update: High Court upholds decision of Secretary of State to impose a prohibition order against a teacher

The Queen on the Application of Lonnie v  National College for Teaching and Leadership [2014] EWHC 4351 (Admin)

Judgment Date: 11 December 2014

26 November 2014

Case Update: The High Court considers the appropriate sanction for a registrant acting as an expert who does not possess sufficient expertise

Pool v General Medical Council [2014] EWHC 3791 (Admin)

Judgement date: 13 November 2014 

In August 2011 Dr Pool (the Appellant) was instructed to act as an expert witness in the field of psychiatry at a hearing in relation to a paramedic’s (A) fitness to practise before a panel at the then Health Professions Council . A had been diagnosed as having personality and post-traumatic stress disorders. 

Shannett Thompson

26 November 2014

Case Update: High Court considers how to strike the appropriate balance between a registrant’s right to privacy as against the public interest in the regulator having access to relevant material

R (Nakash) v Metropolitan Police Service; General Medical Council [2014] EWHC 3810

The Claimant in this application invited the Court to prohibit the disclosure by the Metropolitan Police Service (MPS) of material requested by the General Medical Council (GMC) on the basis that; it was unlawfully obtained by the police, in breach of the Claimant’s Article 8 rights; that it included material of a highly personal and confidential nature; and that the material had no relevance to the issue of the Claimant’s fitness to practise as a doctor. 

Sarah Harris

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