The Health and Social Care Team at Gordons Partnership is experienced in representing nurses referred to the NMC (Nursing & Midwifery Council) by statutory agencies or members of the public under its fitness to practise process.

We act for care services who are faced with regulatory action and/or safeguarding investigations, which can lead to a referral to the NMC if a nurse is implicated in what has happened.

For example, in one case, the registered manager of a care home was subject to a CQC notice of proposal to cancel their registration.  They were a registered nurse and CQC referred them to the NMC. We represented the nurse at an urgent Interim Order Hearing at very short notice. We were successful in arguing against the conditions the NMC’s prosecuting barrister was seeking to have imposed on our client’s NMC registration. In the end, less onerous conditions were imposed which did not impact on the individual’s ability to carry on working as the manager of the service.

In another case, we acted for the owner of a small care home who was a registered nurse. Serious allegations had been made against them by former employees to the local authority which led to a safeguarding investigation being opened.  Linked to this process, our client was referred to the NMC. Our client was an extremely experienced nurse with an unblemished record. It was a very difficult time for them emotionally and we provided support and advice dealing with what was a complex situation.  It was necessary to go back to the NMC’s code and provide clear responses to the NMC, taking further advice from professionals on specific clinical issues. Ultimately, the NMC ruled in our client’s favour, dismissing all the allegations and closing its investigation down.

On another occasion, we acted for a nursing agency that wanted legal support in respect of two nurses who had been referred to the NMC by former colleagues.  We were able to assist both nurses in putting forward detailed submissions to the NMC, persuading the regulator to close its investigation down in both cases at the initial case review stage.

The key to success is getting on top of the facts and evidence, presenting compelling arguments to rebut the allegations whenever possible, or offering mitigation and evidence of reflection and insight where the allegations are valid.

We have a good record of success before the NMC. If you have been referred to the NMC, please feel free to contact us for an initial chat about your case. We are here to help.

 

About the Author

Lucy Bowker

Lucy Bowker

Solicitor

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Lucy is a regulatory lawyer acting for health and social care providers within the firm’s Health and Social Care Department. Clients include care homes for adults, domiciliary care agencies, children’s homes, nurseries, childminders, Pre-schools and independent hospitals.