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06/01/2015
PSA successfully challenges Nursing and Midwifery Council’s panel decision
Subject: Medical and healthcare professions
Source: British and Irish Legal Information Institute (BAILII)

Social Care v Nursing and Midwifery Council and Macleod
High Court, Queen’s Bench Division, Administrative Court  19/12/2014
[2014] EWHC 4354 (Admin)

A Conduct and Competence Committee (CCC) appointed by the Nursing and Midwifery Council (NMC) decided to impose a conditions of practice order on Duncan Gerald Macleod, a registered general nurse, for nine months.

The Professional Standards Authority for Health and Social Care appealed against the CCC decision under the National Health Service Reform and Health Care Professions Act 2002 s.29 on the grounds that there was a serious procedural irregularity in that the charges of professional misconduct laid against M did not sufficiently reflect the gravity of his conduct.

The Administrative Court allowed the appeal. It held that the CCC decision had been informed by a serious procedural irregularity, due to the NMC's failure to adequately reflect the seriousness of the second respondent's conduct in the charges. The matter would be remitted with a direction to the NMC that it had to amend the charges.

[Original text of the case report supplied by BAILII gratefully acknowledged. Crown copyright: contains public sector information licensed under the Open Government Licence v2
Legaleze is solely responsible for the above text which is a summary only and the full report should be read.]

 

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