Investigating Committee. New Interim order. 6 July 2012

Transcription

1 Investigating Committee New Interim Order 6 July 2012 MWB Euston Fitzrovia, 85 Tottenham Court Road London, W1T 4TQ Name of Registrant Nurse: NMC PIN: Gloria Rachel Faith Ndema 00G1445O Part(s) of the register: Registered Nurse Sub part 1 Adult 20 July 2000 Area of Registered Address: Type of Case: Panel Members: Legal Assessor: Panel Secretary: England New Interim order Eileen Carr (chair/ lay member) John Mackenzie (lay member) Jennifer Anne Frost (registrant member) Andrea-Lorien Stebbings (registrant member) Hamish Dunlop Bianca M. Mancini Representation: NURSING AND MIDWIFERY COUNCIL: Represented by Mr David Claxton of the Nursing and Midwifery Council Regulatory Legal Team Nurse: the registrant was present and represented by Ms Padideh Dolashahi (RCN). New Interim Order Interim Order directed: Interim conditions of practice order 18 months. Determination on interim order: Ms Ndema, The panel has decided that an interim conditions of practice order for 18 months should be imposed as it is in the public interest. The reasons are as follows. Page 1 of 6

2 It is alleged that you were dismissed for taking medication belonging to the Queens Medical Centre, where you were employed, in order to send them to your brother in Malawi who was unwell. It is alleged that you did not ask for permission to take the medications, nor did you inform anyone that you had taken them. It is alleged that this was only discovered after your home was searched by police for an unrelated matter. The panel was informed that the type of medications included a range of antibiotics and iron tablets. The panel heard that a number of disposable scissors were also found. The NMC case presenter submitted that an interim suspension order for 18 months is appropriate on the grounds of public interests alone in this case. He referred the panel to the case of R (on the application of Sheikh) v General Dental Council [2007] EWHC 2972 (Admin) ( Sheikh ) and submitted that the bar is set high but it was met in this case. He further submitted that it is necessary because of the risk of repetition and the need to uphold standards and maintain public confidence in the professions and the NMC as a regulator. Ms Dolashahi, on your behalf, submitted that an interim order is not necessary in your case. This is because you have acknowledged the seriousness of the allegations and have admitted the theft to your employer. Ms Dolashahi explained that in your case there is no evidence of harm to patients or poor clinical practice. She referred the panel to the case of Sheikh. Ms Dolashahi stated that the bar is set high when a decision to impose an interim order is taken in respect of the public interest alone. Ms Dolashahi explained the background of the theft of the medications. She submitted that you had been very frank and had admitted everything to your employer. Ms Dolashahi also submitted that you took the medications to assist your sick brother in Malawi who subsequently died. Page 2 of 6

3 Ms Dolashahi informed the panel that you had an unblemished record prior to this incident. She told the panel that you are seeking employment and you are a single parent with five children to support. She concluded that any order would be disproportionate, would have a significant impact on your financial life and would simply not be necessary in this case because there is no risk to patients. Ms Dolashahi provided the panel with four testimonial letters which referred to your high standard of patient care and your good character. The panel accepted the advice of the legal assessor who referred it to article 31 (2) of the Nursing and Midwifery Order He explained that the panel could impose an interim order if it is satisfied that it is necessary for the protection of the public or is otherwise in the public interest or is in the registrant s own interests. He advised that an order is necessary when there is real risk of significant harm to the health, safety and well-being of patients, visitors and colleagues if an order is not made. An interim order should not be imposed when it appears that it would be merely desirable and not necessary. The legal assessor advised the panel on the case of Sheikh v General Dental Council [2007] EWHC 2972 (Admin) when the High Court found that, in the context of imposing an interim suspension order on public interest grounds, the bar is set high. It was the Judge s view that it was likely to be a relatively rare case where an interim suspension order would be made on the ground that it was in the public interest alone. The panel accepted the legal advice. It was mindful that its role is not to make findings of fact. It took into account the criteria set out in article 31 (2) of the Nursing and Midwifery Order 2001 in making its decision. Page 3 of 6

4 In reaching its decision, the panel took into account the case presenter s submissions and your representative s submissions. It considered the nature of the allegations and the likelihood of repetition. The panel first considered whether an interim order is necessary. It considered that the allegations are serious and involve dishonesty. The panel considered that your admitted actions breached not only The Code: Standards of conduct, performance and ethics for nurses and midwives and the NMC Standards for medicines management (2007 as amended) but were also a breach of a position of trust. It concluded that an order is in the public interest; in particular, in upholding proper standards of conduct and behaviour and in maintaining the reputation of the NMC as a regulator. The panel concluded that the test set out in Sheikh was satisfied. The panel next considered whether a conditions of practice order would be appropriate in your case. It took account of your current circumstances. The panel is aware that you are not currently employed but that you are seeking employment. It concluded that, whilst the allegations are serious, conditions could be formulated which would be practicable, workable and sufficient to maintain public confidence in the profession. Accordingly the conditions are: 1. You must notify the NMC within 5 days of any nursing appointment (whether paid or unpaid) you accept within the UK or elsewhere and provide the NMC with contact details of your employer. 2 You must inform the NMC of any criminal or professional investigation started against you and any criminal or professional disciplinary proceedings taken against you within 5 days of you receiving notice of them. 3 You must work under direct supervision of another registered nurse of at least three years standing for the administration, management and disposal of medications. (For Page 4 of 6

5 the purposes of these conditions, direct supervision is defined as the direct oversight by another registered nurse of at least three years standing and who is attentive and cognisant of the medicines management). 4. You must immediately inform the following parties that you are subject to a conditions of practice order under the NMC s fitness to practise procedures and disclose the conditions listed at (1) to (3), above: Any organisation or person employing or contracting with you, or using you to undertake nursing work Any agency you are registered with or apply to be registered with (at the time of application) Any prospective employer (at the time of application) Any educational establishment at which you are undertaking a course of study connected with nursing or midwifery, or any such establishment to which you apply to take such a course (at the time of the application). The panel considered the issue of hardship and proportionality. It acknowledged that the order may cause you hardship but it was satisfied that the public interest, and the need to maintain and uphold confidence in the professions, outweigh your interests in this respect. The panel is satisfied that an interim suspension order would be disproportionate in these circumstances. Unless your case has been concluded, this order must be reviewed before the end of six months and every three months after that. Additionally, you or the Nursing and Midwifery Council s case presenter may ask for the order to be reviewed if any new evidence becomes available that may be relevant to the order. Page 5 of 6

6 At any review the panel may revoke the order, it may confirm it, or it may replace the order with an interim suspension order. This decision will be confirmed to you in writing. Page 6 of 6