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.
You can win!
One of my all-time favourite songs and one that guides me in all things, not least my professional work on behalf of all my clients:
Optimistic by Sounds of Blackness
Different focus
5 day hearing at the HPCPC. I was marshalling arguments for what was a fairly rare point, an application to have a fitness to practice hearing, where the allegations were based on conduct, moved to be heard instead by the Health Committee. Moving the hearing would mean that the allegations would be heard in a much softer setting, with no chance of strike off in the worst case.
Criminal convictions = strike off?
You might think so, but in my experience, it is not always the case. Even when suspended sentences of imprisonment are imposed, as in a recent case, where my client had been convicted of a drink drive offence and assaulting a police officer
'Good' working relationships
Sexual relationships with colleagues do occur often; it is to be expected, as those are the people with whom we spend a vast amount of our time. Many employers have a specific policy dealing with such relationships, to ensure that there is no impropriety or abuse of position.
We all need somebody
Social Worker who admitted plagiarism in both her work and her study. Both the study and the work was around the area of DOLS.
The season of goodwill?
Yesterday, at the HCPC, my client a former ODP made his plea to be restored to the register, after 8 years away. He had been struck off for defrauding the NHS and agencies of over £20,000 and subsequently being convicted and sentenced to 15 months' imprisonment.
A cautionary tale
It is often the case that when a nurse or other professional makes one error, their case load is rigorously audited, and a whole series of other mistakes come to light.
What is going on at the East London Hearing centre?
It's hell in the NMC hearing centre in East London at the moment. The other London hearing centre at Aldwych has closed permanently, meaning that all hearings are being squeezed into the Stratford centre.
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.