Credibility & Reliability of Witness’ evidence in Fitness to Practise Hearings

Under what circumstances should a fitness to practise tribunal be required to set out its assessment of the general credibility and reliability of each witness’ evidence? To what the extent of the forensic analysis and reasoning required for making such assessments?

In Hindle v The Nursing and Midwifery Council, the High Court responded to the standard of reasoning to be expected of fitness to practise and other professional discipline tribunals when making findings of fact, on the ‘balance of probabilities’, which turn on witnesses’ conflicting factual narratives.

The case involved Laura Yalda Hindle, a nurse who faced 32 disciplinary charges brought by the NMC. These charges stemmed from a collective grievance filed by four nurses under her management at Stonyhurst College, an independent boarding school. The allegations ranged from physical misconduct to administrative failures.

The NMC’s Fitness to Practise Committee found several charges proved, resulting in a six-month suspension.

The appellant nurse argued that the tribunal failed to adequately assess the credibility and reliability of key witnesses, including addressing inconsistencies in their evidence. The tribunal was criticized for isolating its evaluation of each charge rather than taking a holistic view of the evidence, and for providing insufficient reasoning to justify its findings, which left procedural fairness in question. Additionally, concerns were raised about the improper handling of the burden of proof and the impact of procedural delays on the appellant.

Unique and practical courses focusing on impairment, reflection, insight, and remediation at highly competitive prices.

Is legal representation the answer?

It is widely accepted and proven that legal representation makes a real difference to the outcome of investigations and results in lesser sanctions for doctors.

What is also unquestionably clear is that GMC investigations and MPTS hearings are complex, daunting, prolonged and legalistic leaving doctors stressed and anxious.  Where legal advice and representation can have the biggest impact on this, is helping doctors understand the process, what to expect and how to engage with the GMC during an investigation and hearing.

Research has shown that registrant’s engagement and legal representation can impact on decisions about seriousness, and that the lack of legal representation has been identified as being associated with more severe sanctions outcomes in fitness to practise cases, stating:

“Legal representation was seen as important by participants because legal advice could support and guide registrants through the FtP process, which is complex and legalistic. Legal advice was seen as important in aiding registrants to understand regulators’ expectations, especially in terms of the need for registrants to demonstrate insight and perhaps to show evidence of remediation activities. Lack of legal representation was, therefore, seen to potentially have an impact in terms of the seriousness of the outcome for registrants who are perhaps unaware of how to present their case to best effect.”

 A compassionate approach to legal representation

The right legal advice and representation is not just about the legalities and technicalities of a case.  Our barristers fully understand the stress and anxiety that doctors experience during prolonged GMC investigations.

We also understand that we are working with people who are anxious and worried about what investigations might mean for them, their professions and the reputations.

We never lose sight of the human aspects of FtP investigations and hearings.  We will always give an open and honest assessment of cases, but we will marry that with an approach that also supports health and care professionals through the duration of a case.

“I was not optimistic about the case, I felt that it is a lost case that we couldn’t do much about and especially just before the start of the trial I lost my confidence and was very nervous. Mr McCaffrey was there to prove me wrong. He turned everything around in a victorious , panegyric manner. I was stunned.” – CL

Catherine is professional, empathic and very knowledgeable. She provided all the necessary assistance throughout the long thorough investigation. – AR

A colleague recommended me to Catherine. She was very experienced , professional, empathetic , non-judgemental and listened to me. – Mel

I found myself consumed with dark thoughts, isolated and afraid. Stephen worked with me and slowly but surely formulated a plan not to just to fight my case and win, but to build me back up bit by bit so as to prepare me to face external scrutiny and present with confidence to panels where this was necessary. – FJ

What you can Expect when Instructing Kings View

All clients are entitled to an initial, no obligation and free telephone consultation about their case.  During this consultation, we will outline the stages and next steps, including indicative timeframes and fixed price quotations for preparation and representation and confirmed in writing at each and every stage.

We understand that timescales are entirely dependent on the stage you are at in proceedings, what work needs to be done and dictated by internal investigations or hearing dates.  We always meet those timescales however should more time be needed, then we will apply for such on your behalf and with your permission.

Contact us today for a no obligation and free telephone consultation about your case in the knowledge that you are speaking to one of the best in the business.

Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.