The case should never have been brought

After 5 days of an 8 day hearing, my nurse client found themselves (partially) free from allegations made in 2021, that had led to them being barred by the DBS, and then put through a debilitating fitness to practice process by the NMC.

The allegations concerned an alleged failure to risk assess use of equipment, and then dishonest conduct when an injury was alleged to have occurred from the use of the equipment.

My client had consistently denied any failings, but was referred to the DBS by the NMC. In the meantime, the NMC imposed an interim suspension order, preventing my client from working as a nurse. On top of this, the DBS went on to bar my client from working with vulnerable adults and children - meaning in practice that they could not even obtain work as a health care assistant.

Cases like this are difficult for me, because I know that clients will have had to borrow money from family and friends to pay my fees, in the hope that I can do something to get their right to work back. But at the same time, they are inspiring, because they show the confidence had in me by not only the registrant but their supporters. With that, I fight very hard to get that client the justice they deserve.

Yesterday, after cross examining the NMC witnesses, I made a submission of no case to answer. Today, the panel agreed that there was no case to answer. This means that the case should never have been brought, and while my client has been cleared by the NMC to work as a nurse, the DBS barring order remains.

DBS barring orders can be appealed and they can be reviewed (a “Paragraph 18A review”). Both avenues are being pursued, and I expect my client to be back in their work before long. I admire their composure under circumstances of extreme injustice, but they should never have been in this position.