Some weeks are better

Last week, I concluded a 7 day hearing at Social Work England (“SWE”).

Whilst the hearing was 7 days, it drew to a conclusion a process that had been going for over 4 years. So long had it been, that it had started when social workers were governed by the Health and Care Professions Council (“HCPC”) rather than SWE, back in 2019.

My client was accused of several safeguarding and recording issues, and despite years of good practice before and after the incidents concerned, SWE were unwilling to accept an agreed resolution. This meant that there had to be a final hearing, at which a panel would decide whether my client’s fitness to practice was impaired and whether to impose restrictions on her practice.

The panel heard evidence from the SWE witnesses and my client, and then after an initial submission by me, dismissed all but one of the charges. After a further submission from me, they concluded that the remaining charge was not serious misconduct and that my client was therefore fit to practice - and that was the end of the case. I’m still not sure if my client believes the case is over…

This week, an interesting case with a client referred to the Nursing and Midwifery Council (“NMC”) for an allegation of dishonesty. They were alleged to have forged timesheets and dishonestly claimed wages from an NHS trust. The NMC felt this was a case in which my client should be restricted from working as a nurse during the referral process - which can last 2 years or more. At short notice, they scheduled a hearing at which a panel would decide whether to grant their application for an 18 month suspension order.

Although highly distressed, my client had the presence of mind to seek legal advice and assistance. I analysed their case, and compiled a thorough defence to the application.

The result, after my submissions to the panel, was that no order was made, leaving my client free to practice whilst the referral is being investigated. Being suspended during an NMC investigation is disastrous, because it generally means significant financial and reputational loss for the nurse concerned, for a considerable period of time. This was a major victory for the client and will help them in the latter stages of the referral process to come.

I’ve a couple of weeks before a period of annual leave, so let’s see what can be acheived in that time…