
Blogs
The NMC makes work for idle hands
I’m Marc Walker, Director and Qualified Fitness to Practise Lawyer. For those of you who are interested, here are some notes on my works in the regulatory and employment world.
What have I been up to..?
Have a browse and if you have any questions, you can call me, Whatsapp me, send me an email or use my contact form.
A Cautionary Tale
It is not possible to over-emphasise the benefit of not only taking advice on how to deal with your fitness to practice referral, but also having representation at any hearings.
Student fitness to practice
It may seem odd, but did you know that as a student, if you make an allegation of misconduct against your practice education facilitator or mentor, it can end up with a fitness to practice process with you as the subject?
Redemption & Restoration
Today I had a hearing at the NMC representing a client in their application for restoration. They had been struck off the register almost 7 years ago for defrauding the NHS of over £100,000, through dishonest claims for bursaries and working when they were not entitled to do so.
Get it right from the start
Two hearings and two investigation reports in the past two weeks have shown again where it is important to get it right from the start.
One in, one out
Yesterday I took on a new client, a nurse accused of dishonestly working in second employment whilst on sick leave from the first. This type of case is common and I have at least three of these at the moment.
Agree to disagree
We did attend the second hearing and after hearing my submissions and evidence from my client, the panel agreed that a 12 month suspension order was appropriate and that my client should not be struck off.
Beginner's Luck?
The nurse concerned has been subject to a conditions of practice order since November 2017, following a fitness to practice referral by her then employer.
No case to answer
This was a very interesting case, because the NMC got an interim conditions of practice order against the nurse, and this made it very difficult for her to find work as a nurse and thus remedy her failings.
Something I've never come across
I represented a social worker at an interim order application hearing.
The sweet taste of victory
I was able to negotiate disposal of their case by consent, which meant my client did not have to attend the proposed 3 day hearing, and instead their admitted misconduct was dealt with by way of a one year caution order.
To be struck off...
It had to happen. Four years after my very first regulatory case, one of my clients has been struck off. The only other time this has happened was in that very first case. It sucks. If it sucks for me, I can only imagine how devastated my client and their family must be feeling.
Take care of your registration
This afternoon the panel told us that the restraint used by my client was reasonable and proportionate, that the registration issue was a genuine error and that my client's appeal succeeded.
Another nurse restored.
When you are struck off, you have to wait 5 years until you can apply to be restored to the register. There is the possibility of appealing the strike off order, but it is a high hurdle to get over in order to be successful.
Late night calls?
Social Worker was accused of inappropriate accessing of the data of family and friends. This is a recurring theme recently - please guys, do not do it,
Two excellent results
Just under two weeks ago, I was at the NMC defending a nurse given a police caution for theft of opiates from their employer and for possession of Class A drugs.
Patient Death
I have just returned from the NMC, where after a 4 day hearing into allegations of neglect and inadequate contact.
Don't give up hope
It's tempting to give in to anger and frustration, but these negative emotions do not assist in achieving what you want, which is unrestricted practice. Instead put that energy into doing more to resolve your situation
Light at The End of The Tunnel
When the order was imposed, they had attended unrepresented. At the beginning of this week, they decided they needed some help and contacted me.
Many hands make light work
To make sure that I stay on top of things, I have just hired a PA, Annie
To Scotland and back
I got to visit the Edinburgh location for the first time. What a lovely city! Unfortunately, there was little time for sight-seeing,