Nurses and Midwives

Legal representation for nurses and midwives Leeds

Our expert Employment Solicitors Leeds offer specialist representation for nurses and midwives in all cases presented by the Nursing and Midwifery Council (NMC).

The Regulatory Process

The disciplinary process, as outlined by the Nursing and Midwifery Council, is carried out according to the following procedure.

Investigation

The Nursing and Midwifery Council will put together a screening team to investigate cases brought to their attention. Where applicable, further investigation will be passed on to and carried out by, the case examiners.

Evidence presented to the case examiners for further examination will include all relevant areas of defence by the nurse or midwife. Where specialist or expert knowledge in the field of the complaint is required, the case examiners can seek further assistance from expert witnesses.

The examiners will decide if the case merits further examination and whether or not to take the matter further—to a hearing—or to reject it. If the examiners cannot agree on a satisfactory decision, the case will be passed to an examination committee to settle the matter.

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Hearing

Depending on the subject matter of the complaint, either the Conduct and Competence Committee or the Health Committee will conduct the hearing.

The Nursing and Midwifery Council will appoint a solicitor to present the case to a hearing panel. The panel will consist of medical professionals and lay members. They will decide whether the nurse or midwife is fit to practice.

All information and documentation will be presented to and reviewed by the panel. Where required, witnesses and experts should be called to provide particulars for both the defence and prosecution. The defendant should be given every opportunity to present material to support their defence.

Decision

Any nurse or midwife found guilty of the charges brought before them by the Nursing and Midwifery Council, with their fitness to practice being diminished on the balance of probabilities, will be subject to one of the following actions:

  • A caution order lasting between 1 to 5 years
  • Conditions of practice to be applied to the nurse or midwife
  • A suspension fora specific period of time
  • An indefinite dismissal; prohibiting them from working in this field

Appeal

The nurse can appeal against any decision or judgement to the High Court within 28 days of the decision.

Internal disciplinary proceedings

We also represent any nurse or midwife involved in cases where their employer or line manager has brought internal disciplinary proceedings against them.

Representation for social workers in cases of regulatory proceedings

If you are subject to proceedings carried out by the Nursing and Midwifery Council in respect to your role as a doctor, please contact us on 0113 4334 118, or complete the form on our enquiry page. One of our dedicated team will contact you as soon as possible to discuss your case, possible outcomes and all of your available options.

Our Team

Louise Carr

Louise Carr

Our team is headed up by Louise Carr who had specialised in employment law for more than 15 years. She regularly appears in the employment tribunal and has been particularly involved in dealing with complex multi-day discrimination claims.

Craig McCracken

Craig McCracken

Craig McCracken is a Director in our employment team who also specialises in employment law with over 14 years’ experience in dealing with both contentious and non-contentious matters.In the most recent Legal 500 clients described Louise as being “accessible and down to earth” providing “clear and concise advice…in an exceptionally personable way”. Craig was described as “very knowledgeable and approachable” giving “sound advice”.