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Regulatory Defence overturns oppressive NMC IOP submission

4 June 2024

With the registrant facing an Nursing & Midwifery Council interim order panel sanction submission of an 18 month suspension, which as the primary breadwinner, would have left him and his family in extreme financial difficulties, Regulatory Defence were instructed to represent his interests at the virtual hearing.

Through the combined efforts of Regulatory Defence and 23 Essex Street Chambers Counsel, Kevin Saunders, we were able to offer the registrant expert legal advice and representation at the hearing for a very reasonable and competitive price.

It was clear on review of the documentation presented by the NMC that there was a paucity in what the NMC could actually rely on to support their view that an 18 month suspension was required on the basis that:

  •  patient safety would be put at risk,
  •  there would be serious damage to public confidence in the nursing and midwifery professions if the registrant were allowed to practise without any restrictions or
  •  there are concerns that the professional themselves could suffer serious harm if they continued to practise without some kind of restriction.

Following a conference with Counsel and Regulatory Defence prior to the hearing,  the Nurse agreed that a robust rebuttal should be presented to the interim order panel, insofar that the concerns being investigated did not warrant a suspension and that this stance was unsupported and disproportionate. Ultimately, through the expert submissions of Kevin Saunders, the panel agreed that a suspension wasn’t required and that imposing an interim conditions of practice order was sufficient, but also allowed the registrant to continue to work.

If you have received notice from your regulator of their intention to investigate your fitness to practise or indeed received notice that they have listed an interim order hearing to consider whether you should be suspended or face conditions on your practice, then please contact Regulatory Defence today for a no obligation telephone consultation to see how we can help.