Pump Court Chambers

Siân Beaven successfully defends Registrant at Interim Order Hearing

News 9th August 2022
Siân Beaven

The Registrant (R) faces allegations of gross misconduct by way of inappropriate comments and sexual touching of a colleague (C) whilst on shift at a Nursing Home in 2019. After a re-assessment of the risk, the NMC sought an Interim Suspension Order of 12 months citing its necessity for public protection and that an order was otherwise in the public interest. R was of good character and had worked without issue since the alleged incident and complied with all investigations against him. Siân successfully argued that an interim order was not necessary given R’s unblemished record, lack of repetition of the alleged conduct and the delay in the NMC seeking an interim order for 8 months after they had obtained statements from C and her colleagues, thereby reducing any perceived risk. The Panel found that, while the NMC had established a prima facie case against R, the NMC had failed to demonstrate that an Interim Order was necessary on either ground.

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