Case Studies: Fitness to Practice
Here's where you can read about cases that demonstrate what I can do - they may be similar to your case. If they are not, send me a question using my quick query form. You can see more recent cases on my blog and on my list of current cases. I can help you - just ask!
HCPC Panel Hearing - Dishonesty - Invalid Driving Licence
I represented [June 2018] a social worker referred to the HCPC for misconduct. It was alleged that they had dishonestly certified having a valid driving licence and insurance over the course of 8 years. There were particular reasons why the registrant could not give evidence in her defence in this case. Despite this and the panel finding dishonesty and criminal use of an invalid driving licence over an extended period as alleged, as a result of my submissions to the panel, the sanction imposed was a 6 month suspension order. Further work on this will allow them to return to work unrestricted in just a few months.
HCPC Interim Panel Hearing - incompetence
I represented [April 2018] a radiographer referred to the HCPC for incompetence in their sonography practice. They were new to the practice of diagnostic ultrasound in the UK, having qualified abroad. The HCPC applied for an interim order restricting the registrant's practice. As a result of my representations, which included a detailed commentary on the referrer's documentation, the panel imposed minimal conditions of practice on my client's sonography practice, leaving them able to practice general radiography without restriction.
NMC Panel Hearing - inappropriate physical contact
I represented [October 2017] a nurse referred to the NMC for 4 allegations of inappropriately handling a patient with dementia, over an extended period. The hearing lasted for 5 days. Due to my close questioning of the sole witness in the case, and my subsequent detailed submission of no case to answer, the NMC panel concluded that there was indeed no case to answer in respect of any of the charges. My client did not need to give evidence.
NMC Panel hearing - patient death
I represented [September 2017] a nurse referred to the NMC for failing to recognise signs of sepsis and failing to escalate accordingly. Their actions contributed to the patient's death. I negotiated a Consensual Panel Determination with the NMC, with a proposed sanction of 6 months' suspension order. The agreement was reviewed by a panel, who rejected the agreement on the basis that it felt a 12 months' suspension order was appropriate. Before another panel, I argued that given the remediative work carried out by the nurse, a conditions of practice order was in fact appropriate. The panel agreed, imposing a 6 months' conditions of practice order.
HCPC Panel hearing - dishonesty/incompetence
I represented [September 2017] a scoial worker referred to the HCPC for dishonestly amended a client contact, and incompetently failing to carry out MASH enquiries/escalating safeguarding concerns. After 2 days of a 3 day hearing, I made an application that there was no case to answer. The panel agreed and my client was free to get back to her work.
NMC Interim order application - drug offence
I represented [July 2017] a nurse referred to the NMC for possession of Class A drugs. The NMC applied for an interim order on the basis that the nurse was using illegal drugs and likely to be charged with a criminal offence. I opposed the application in the nurse's absence and persuaded the panel that no interim order was necessary.
HCPC Panel hearing - dishonesty/plagiarism
I represented [June 2017] a social worker referred to the HCPC for an allegation of dishonest conduct. They were alleged to have dishonestly plagiarised a colleague's SGO. Despite their admission to all allegations including dishonesty prior to my involvement, after hearing their evidence and my submissions, the panel concluded that their fitness to practice was not impaired.
NMC Interim order application - medication errors
I represented [June 2017] a nurse referred to the NMC for multiple drug and documentation errors. The NMC applied for an interim order and gave 7 days' notice of the hearing (as is usual). The nurse instructed me and I was able to attend the hearing on her behalf. Because I attended, she did not need to. After hearing submissions from me, the panel did not suspend her from her practice and imposed a very light conditions of practice order, allowing her to continue on in her employment.
NMC Substantive order review - criminal conviction, dishonesty & bullying
I represented [May 2017] a nurse suspended for 12 months for an assault conviction, dishonesty, bullying and lack of patient care. Her employer was going to dismiss her if she couldn't get restored to practice after 3 months. She consulted me immediately on being suspended and I succeeded in getting her an Early Review. At the panel hearing, after hearing evidence and my submissions, the panel substituted a conditions of practice order for the suspension. My client was able to keep her job and go back to work.
NMC Panel hearing - dishonesty & aggression
I represented [March 2017] a nurse referred to the NMC for allegations of dishonesty and aggressive behaviour. This client came to me two days before her 3 day panel hearing! I assisted her in getting the hearing adjourned, so that her case could properly be prepared. At the adjourned hearing, as a result of my cross examination of the NMC's witnesses and my subsequent oral submissions, the panel found my client's fitness to practice was not currently impaired and her interim conditions of practice were removed and her PIN cleared.
NMC Panel hearing - criminal conviction
I represented [October 2016] a nurse who was the subject of an NMC fitness to practice referral, having been convicted of a racially aggravated criminal offence involving public violence. As a result of my early advice and representation, at her recent panel hearing, she was not struck off and was instead given a 6 month suspension order. [Update - this nurse recently (April 2017) had a review hearing at which I represented her - the panel found she is now fit to practice]
It is imperative that you engage with the proceedings, and that you get representation quickly.
Internal disciplinary & NMC referral - assault on patient
I represented [September 2016] a nurse who was referred to the NMC for allegations of striking and being abusive to an elderly patient at work. After advising her as to both the internal disciplinary proceedings and the NMC referral, the internal matter concluded with a warning and he NMC referral ended with no case to answer. The nurse came to me at the very earliest stage, and she was able to fight her case accordingly.
However, it is never too late to take advice! Contact me now if you are unrepresented - I can help even if you have left it to the last minute.
NMC referral - sexual misconduct at work
I represented a nurse  who was accused of sexual misconduct at work with a colleague. After making strong representations, the investigating committee concluded that there was no prospect of a finding of impairment, and my client was free to carry on her practice unrestricted.
I give sensible advice on referrals, interim orders, investigations, response to allegations, admissions, sanctions and on consensual panel determination, if appropriate.
Read my blog and see what cases I've been doing recently.
Contact me now using my quick query form or call me on 01223 803873.