Rebecca acted for the Registrant who was alleged by the Nursing and Midwifery Council (‘NMC’) to have committed eleven acts of sexually motivated misconduct towards a vulnerable patient. The NMC’s sanction bid was a striking off order.
Rebecca successfully opposed a hearsay application made by the NMC to admit the evidence of the patient in accordance with the principles set out in Thorneycroft v Nursing and Midwifery Council [2014] EWHC 1565 (Admin). As a result, the NMC offered no evidence on ten out of the eleven charges. On the eleventh charge of sexually motivated misconduct, Rebecca made a no-case-to-answer submission which was upheld by the Panel.
Although the Registrant accepted accessing medical records without clinical justification and sending text messages to the patient when no longer involved in their care, Rebecca assisted the Registrant in securing a finding that their fitness to practise was not currently impaired. The Registrant was free to return to practise without restrictions.
Rebecca was assisted in this matter by Edward Armitage of Pump Court Chambers who drafted the Registrant’s skeleton argument opposing the admission of Patient A’s hearsay evidence.
Rebecca was instructed by the Royal College of Nursing and can be instructed on all matters of regulatory and disciplinary law.
