Regulatory Defence celebrated its one-year anniversary this month, marking a significant milestone in its journey as a law firm. Over the past year, the firm consistently provided expert legal services to a diverse range of regulated professionals. This anniversary coincided with a major success when the firm represented a client in their NMC restoration application.
The success came when Anna Chestnutt, Counsel at Lincoln House Chambers, took instructions from Jake Herman at Regulatory Defence to represent a client applying for restoration to the Nursing & Midwifery Council’s (NMC) register. The client had suffered significant delays in her restoration application, but the legal team worked tirelessly to overcome these hurdles.
The client had been struck off the register in April 2017, but since then, she had worked as a healthcare assistant in the same clinical setting, gaining relevant experience. However, the regulatory rules required her to wait five years before reapplying for restoration. Unfortunately, procedural delays by the NMC meant that her application did not come before the Fitness to Practise Committee until 2025.
Restoring a nurse to the register after such a prolonged absence proves challenging. A key aspect of these applications is proving that the applicant is a “fit and proper” person to resume their duties. This becomes particularly difficult when the person has not had the opportunity to actively practice nursing for several years. Despite these challenges, Jake Herman and Anna Chestnutt worked diligently to present compelling evidence that supported the client’s application.
Anna Chestnutt presented a comprehensive submission during the hearing. The submission included references to relevant training, character statements, and a detailed witness statement. Moreover, the client showed that she had worked hard to maintain her nursing competencies. The case emphasised the importance of insight, remediation, and a thorough understanding of the NMC Code of Practice. Demonstrating reflection on the Code’s principles played a critical role in securing the positive outcome.
Thanks to Regulatory Defence’s careful preparation and Anna Chestnutt’s strategic approach, the client’s restoration application was granted. The client must now engage with the NMC’s return-to-practice framework.
Ultimately, this success highlights the professionalism and dedication of Jake Herman and Regulatory Defence and the continued success in supporting clients through fitness to practise proceedings stands as a testament to their expertise and commitment. As the firm celebrates its first year of operation, Regulatory Defence reinforces its commitment to supporting regulated professionals in challenging situations.
A nurse or midwife whose name has been removed from the NMC register following a fitness to practise hearing can apply for restoration after a minimum period of five years. The restoration hearing is a separate process and a fresh assessment: it is not a rehearing of the original case. The panel must decide whether the applicant is now fit to practise and whether it would not be detrimental to the public interest for the person to be restored to the register.
Restoration is not granted automatically after five years. The applicant must demonstrate that they have reflected meaningfully on the original findings, that they have maintained and developed their professional competence during the period of removal, and that they pose no current risk to patients or to public confidence in the profession. The panel will scrutinise the evidence carefully, and the burden is on the applicant to satisfy the panel on each of these points.
A successful restoration application requires thorough preparation. The written evidence, the supporting references, and the oral submissions at the hearing all matter. In this case, Regulatory Defence prepared and presented the restoration application and the hearing resulted in the applicant’s name being restored to the register.
For more information on how Jake Herman and Regulatory Defence can assist, click here.
If you are a nurse or midwife facing NMC fitness to practise proceedings, including a restoration hearing, our NMC defence solicitors can advise and represent you.