NMC closes case with no further action for our client

The Nursing & Midwifery Council has closed a fitness to practise case against our client, with no further action.

In this case, our client, G, involved a nurse early in her career who made some medication errors.  It was clear in this case that G was poorly supported by her employer and not given the necessary training for her role.

Speaking at the conclusion of the case, fitness to practise defence barrister, Catherine Stock, commented:

“With our help the NMC closed the case with no further action. This case highlights the importance of stressing the context of a nurse’s work. It is important to remind and encourage the regulator to examine the context and take that into account when making decisions.”

Speaking about her case, G said:

“I am incredibly grateful for the exceptional representation I received from Catherine Stock at Kings View Chambers. From our very first interaction, Ms. Stock provided crystal clear instructions and consistently maintained excellent communication throughout my case.

“Catherine’s consistent support and accessibility for questions gave me great peace of mind during a challenging time. The way she handled my case with both professionalism and empathy made a significant difference to my experience. I can’t recommend Catherine Stock highly enough to anyone seeking legal representation. Her expertise and dedicated approach truly set her apart.”

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The types of concerns raised

The most common allegations are concentrated in six main areas:

• Patient care
• Prescribing and medicines management
• Record keeping
• Dishonesty
• Behaviour or violence
• Communication issues

Factors that reduce the risk of regulatory sanctions

Demonstrating Insight and Strengthen Practice 

Insight and strengthen practice (also referred to as remediation) is about nurses, midwives or nursing associates “putting problems right where they can promote a learning culture.”  Demonstrating insight means the professional has taken the opportunity to step back, recognise what went wrong, and take responsibility for their actions. It involves understanding the impact of mistakes on patients and on public trust, and identifying what could be done differently to prevent similar issues from happening again in the future.

Strengthening practice means taking steps to improve (or remediate) practice.

In terms of the range of sanctions, demonstrating insight and efforts to strengthen practice, has been shown to result in lesser sanctions (advice issued, warning issued) or no case to answer.  Conversely, lack of insight and efforts to strengthen practice has been show to increase regulatory sanction (Undertakings and a case to answer).

Early engagement

The NMC encourages nurses, midwives, and nursing associates to engage with them early and at every stage of the process. This includes:

• Providing information about their current employment and any steps their employer is taking to manage risk
• Providing information about the context of the incident
• Providing evidence of any steps they’ve taken to address concerns about their fitness to practice
• Providing evidence of any insight or reflection they’ve undertaken about the concerns raised

NMC fitness to practise insights have shown that early engagement can help nurses, midwives, and nursing associates.

Having representation during fitness to practise

Key to all of the above however is the right legal representation.  Nurses, midwives, and nursing associates are entitles to legal representation during fitness to practise proceedings and early engagement with legal representation is key.

Early engagement with legal representation is key as it will assist nurses, midwives, and nursing associates with the right early engagement with the NMC and agree the right insight and strengthen practice approach to ensure good outcomes.  The NMC’s fitness to practise insights has shown that professionals who were represented at the NMC investigations stage (as opposed to the initial stage or the final hearing stage) lead to cases being closed at an earlier stage, without restriction to future practice.

It was also found that professionals with representation at final hearings were less likely to receive outcomes which restricted their future practice.

Kings View Chambers

We are leaders in fitness to practise defence, with a remarkable track record of success and rated excellent by our clients.

Kings View Chambers has over 30 years’ combined experience representing heath and care professionals at all levels.  We are a leading fitness to practise defence chambers that have a proud record of consistently achieving excellent outcomes for our clients.

As public access barristers, you can instruct us directly without having the additional expense of hiring a solicitor.

Speak to us today for a free, no obligation assessment of your case.

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.