Conduct and Competence Committee Substantive Hearing. Nursing and Midwifery Council 2 Stratford Place, London E20 1 EJ November 2015

Transcription

1 Conduct and Competence Committee Substantive Hearing Nursing and Midwifery Council 2 Stratford Place, London E20 1 EJ November 2015 Name of Registrant: NMC PIN: Mr William Jefferson Aikines-Aryeetey 04I0485E Part(s) of the register: Registered Nurse Sub Part 1 Mental Health 14 September 2004 Area of Registered Address: Type of Case: Panel Members: Legal Assessor: Panel Secretary: Representation: Nursing and Midwifery Council: Nurse: Misconduct Facts Proved by admission: Surrey Misconduct and Conviction Ms Susan Hurds (Chair and Lay Member) Mr Sean Hamilton (Lay Member) Mr James Richardson (Registrant Member) Mr Neil Mercer Mr Ian Dennehey Represented by Ms Georgina Goring, Counsel, instructed by Nursing and Midwifery Council Regulatory Legal Team. Mr Aikines-Aryeetey was present and was represented by Mr Roderick James, Counsel, instructed by the Royal College of Nursing. Misconduct Charges 1-7 inclusive. Misconduct Facts excluded under Rule 24(7): Misconduct Charges 8 and 9. Conviction Facts Proved by admission: Misconduct facts linked to Conviction Proved by admission: Conviction Charge 1 in its entirety. Misconduct linked to Conviction Charge 2 in its entirety and Charge 3.1 (but only as a fact and not in relation to the dishonesty alleged in the stem of Charge 3). 1

2 Misconduct facts linked to Conviction Not Proved: Misconduct linked to Conviction Charge 3.2 and the stem of Charge 3. Fitness to Practise: Sanction: Interim Order: Impaired by reason of Misconduct. Suspension Order: 5 months. Not imposed. 2

3 Details of Misconduct charges: That you, a registered nurse: 1. Between 19 March 2012 and 14 February 2014, on one or more of the occasions listed in Schedule 1, worked excessive hours in a nursing capacity; 2. On 29 January 2013, at your South London and Maudsley NHS Foundation Trust Disciplinary Hearing, stated that you were not doing any further additional work; 3. Your conduct at charge 2 was dishonest, in that you: 3.1. Knew that you had continued to work regular shifts at the Priory Hospital Roehampton from 1 September 2012 to the date of the Disciplinary Hearing, 29 January 2013; 3.2. Intended to conceal your secondary employment from the South London and Maudsley NHS 4. During a period of sickness leave from the South London and Maudsley NHS Foundation Trust, from 17 December 2013 to 23 December 2013, worked one or more of the following night shifts at The Priory Roehampton: to 18 December 2013; to 19 December 2013; to 23 December 2013; 5. Your conduct at charge 4 was dishonest; 6. On or around 12 March 2014 failed to disclose your arrangement to provide nursing services to the Priory Hospital Roehampton, to the Nursing and Midwifery Council; 3

4 7. Your conduct at charge 6 was dishonest in that you: 7.1. Knew that you did have an arrangement with the Priory Hospital Roehampton to provide nursing services; 7.2. Intended to conceal your arrangement with the Priory Hospital Roehampton to provide nursing services, from the Nursing and Midwifery Council; 8. On or after 19 June 2014 did not inform your employer the Priory Hospital Roehampton, that your fitness to practise had been called into question; Allegation excluded under Rule 24 (7) 9. Your conduct at charge 11 was dishonest, in that you: 9.1. Knew that your fitness to practise was being investigated by the NMC; Allegation excluded under Rule 24 (7) 9.2. Intended to conceal the NMC investigation from the Priory Hospital Roehampton; Allegation excluded under Rule 24 (7) And, in light of the above, your fitness to practise is impaired by reason of your misconduct. Found Proved Schedule One: 1. Shifts commencing on Monday 19 March Sunday 25 March 2012 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 1.2 Additional shifts at the Priory Hospital Roehampton: Tuesday 20 March 2012; Night Shift (19:45-08:00); hours Thursday 22 March 2012; Night Shift (19:45-08:00); hours Friday 23 March 2012; Night Shift (19:45-08:00); hours Saturday 24 March 2012; Night Shift (19:45-08:00); hours 2. Shifts commencing on Monday 26 March 2012 Sunday 1 April 2012 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 2.2 Additional shifts at the Priory Hospital Roehampton: Monday 26 March 2012; Night Shift (19:45-08:00); hours Tuesday 27 March 2012; Night Shift (19:45-08:00); hours 4

5 Wednesday 28 March 2012; Night Shift (19:45-08:00); hours Thursday 29 March 2012; Night Shift (19:45-08:00); hours Friday 30 March 2012; Night Shift (19:45-08:00); hours 3. Shifts commencing on Monday 16 April 2012 Sunday 22 April 2012 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 3.2 Additional shifts at the Priory Hospital Roehampton: Monday 16 April 2012; Night Shift; (19:45-08:00); hours Wednesday 18 April 2012; Night Shift; (19:45-08:00); hours Friday 20 April 2012; Night Shift; (19:45-08:00); hours 4. Shifts commencing on Monday 23 April 2012 Sunday 29 April 2012 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 4.2 Additional shifts at the Priory Hospital Roehampton: Monday 23 April 2012; Night Shift; (19:45-08:00); hours Friday 27 April 2012; Night Shift; (19:45-08:00); hours Saturday 28 April 2012; Night Shift; (19:45-08:00); hours Sunday 29 April 2012; Night Shift; (19:45-08:00); hours 5. Shifts commencing on Monday 30 April 2012 Sunday 6 May 2012 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 5.2 Additional shifts at the Priory Hospital Roehampton: Monday 30 April 2012; Night Shift; (19:45-08:00); hours Wednesday 2 May 2012; Night Shift; (19:45-08:00); hours Saturday 5 May 2012; Night Shift; (19:45-08:00); hours Sunday 6 May 2012; Night Shift; (19:45-08:00); hours 6. Shifts commencing on Monday 7 May 2012 Sunday 13 May 2012 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 6.2 Additional shifts at the Priory Hospital Roehampton: Monday 7 May 2012; Night Shift; (19:45-08:00); hours Wednesday 9 May 2012; Night Shift; (19:45-08:00); hours Friday 11 May 2012; Night Shift; (19:45-08:00); hours Saturday 12 May 2012; Night Shift; (19:45-08:00); hours 5

6 7. Shifts commencing on Monday 14 May 2012 Sunday 20 May 2012 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 7.2 Additional shifts at the Priory Hospital Roehampton: Monday 14 May 2012; Night Shift; (19:45-08:00); hours Tuesday 16 May 2012; Night Shift; (19:45-08:00); hours Thursday 18 May 2012; Night Shift; (19:45-08:00); hours Friday 19 May 2012; Night Shift; (19:45-08:00); hours Saturday 20 May 2012; Night Shift; (19:45-08:00); hours 8. Shifts commencing on Monday 21 May 2012 Sunday 27 May 2012 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 8.2 Additional shifts at the Priory Hospital Roehampton: Wednesday 23 May 2012; Night Shift; (19:45-08:00); hours Friday 25 May 2012; Night Shift; (19:45-08:00); hours Saturday 26 May 2012; Night Shift; (19:45-08:00); hours 9. Shifts commencing on Monday 28 May 2012 Sunday 3 June 2012 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 9.2 Additional shifts at the Priory Hospital Roehampton: Wednesday 30 May 2012; Night Shift; (19:45-08:00); hours Friday 1 June 2012; Night Shift; (19:45-08:00); hours Sunday 3 June 2012; Night Shift; (19:45-08:00); hours 10. Shifts commencing on Monday 15 October 2012 Sunday 21 October 2012 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 10.2 Additional shifts at the Priory Hospital Roehampton: Monday 15 October 2012; Night shift (19:45-08:00); hours Wednesday 17 October 2012; Night shift (19:45-08:00); hours Saturday 20 October 2012; Night shift (19:45-08:00); hours 11. Shifts commencing on Monday 29 October 2012 Sunday 4 November 2012 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 11.2 Additional shifts at the Priory Hospital Roehampton: Monday 29 October 2012; Night shift (19:45-08:00); hours 6

7 Wednesday 31 October 2012; Night shift (19:45-08:00); hours Friday 2 November 2012; Night shift (19:45-08:00); hours Saturday 3 November 2012; Night shift (19:45-08:00); hours 12. Shifts commencing on Monday 5 November 2012 Sunday 11 November 2012 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 12.2 Additional shifts at the Priory Hospital Roehampton: Monday 5 November 2012; Night shift (19:45-08:00); hours Wednesday 7 November 2012; Night shift (19:45-08:00); hours Friday 9 November 2012; Night shift (19:45-08:00); hours Saturday 10 November 2012; Night shift (19:45-08:00); hours 13. Shifts commencing on Monday 12 November 2012 Sunday 18 November 2012 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 13.2 Additional shifts at the Priory Hospital Roehampton: Wednesday 14 November 2012; Night shift (19:45-08:00); hours Friday 16 November 2012; Night shift (19:45-08:00); hours Saturday 17 November 2012; Night shift (19:45-08:00); hours 14. Shifts commencing on Monday 19 November 2012 Sunday 25 November 2012 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 14.2 Additional shifts at the Priory Hospital Roehampton: Monday 19 November 2012; Night shift (19:45-08:00); hours Wednesday 21 November 2012; Night shift (19:45-08:00); hours Thursday 22 November 2012; Night shift (19:45-08:00); hours Friday 23 November 2012; Night shift (19:45-08:00); hours Saturday 24 November 2012; Night shift (19:45-08:00); hours 15. Shifts commencing on Monday 26 November 2012 Sunday 2 December 2012 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 15.2 Additional shifts at the Priory Hospital Roehampton: Wednesday 28 November 2012; Night shift (19:45-08:00); hours Friday 30 November 2012; Night shift (19:45-08:00); hours Saturday 1 December 2012; Night shift (19:45-08:00); hours 16. Shifts commencing on Monday 3 December 2012 Sunday 9 December 2012 totalling hours: 7

8 hours during Monday to Friday for South London and Maudsley NHS 16.2 Additional shifts at the Priory Hospital Roehampton: Monday 3 December 2012; Night shift (19:45-08:00); hours Wednesday 5 December 2012; Night shift (19:45-08:00); hours Saturday 8 December 2012; Night shift (19:45-08:00); hours 17. Shifts commencing on Monday 10 December 2012 Sunday 16 December 2012 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 17.2 Additional shifts at the Priory Hospital Roehampton: Monday 10 December 2012; Night shift (19:45-08:00); hours Wednesday 12 December 2012; Night shift (19:45-08:00); hours Friday 14 December 2012; Night shift (19:45-08:00); hours Saturday 15 December 2012; Night shift (19:45-08:00); hours 18. Shifts commencing on Monday 31 December 2012 Sunday 6 January 2013 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 18.2 Additional shifts at the Priory Hospital Roehampton: Wednesday 2 January 2013; Night shift (19:45-08:00); hours Saturday 5 January 2013; Night shift (19:45-08:00); hours Sunday 6 January 2013; Night shift (19:45-08:00); hours 19. Shifts commencing on Monday 28 January 2013 Sunday 3 February 2013 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 19.2 Additional shifts at the Priory Hospital Roehampton: Friday 1 February 2013; Night shift (19:45-08:00); hours Saturday 2 February 2013; Night shift (19:45-08:00); hours Sunday 3 February 2013; Night shift (19:45-08:00); hours 20. Shifts commencing on Monday 4 February 2013 Sunday 10 February 2013 totalling hours: hours during Monday to Friday for South London and Maudsley NHS Foundation Trust (annual leave Wednesday 6 February 2013); 20.2 Additional shifts at the Priory Hospital Roehampton: Monday 4 February 2013; Night shift (19:45-08:00); hours Wednesday 6 February 2013; Day shift (09:00-14:00); 5 hours Friday 8 February 2013; Night shift (19:45-08:00); hours Saturday 9 February 2013; Night shift (19:45-08:00); hours 21. Shifts commencing on Monday 11 February 2013 Sunday 17 February 2013 totalling 80.5 hours: 8

9 hours during Monday to Friday for South London and Maudsley NHS 21.2 Additional shifts at the Priory Hospital Roehampton: Monday 11 February 2013; Night shift (19:45-08:00); hours Thursday 14 February 2013; Night shift (19:45-08:00); hours Friday 15 February 2013; Night shift (19:45-08:00); hours Saturday 16 February 2013; Night shift (19:45-08:00); hours 22. Shifts commencing on Monday 18 February 2013 Sunday 24 February 2013 totalling 73 hours: hours during Monday to Thursday for South London and Maudsley NHS Foundation Trust (annual leave Friday 22 February 2013); 22.2 Additional shifts at the Priory Hospital Roehampton: Monday 18 February 2013; Night shift (19:45-08:00); hours Wednesday 20 February 2013; Night shift (19:45-08:00); hours Friday 22 February 2013; Night shift (19:45-08:00); hours Saturday 23 February 2013; Night shift (19:45-08:00); hours 23. Shifts commencing on Monday 25 February 2013 Sunday 3 March 2013 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 23.2 Additional shifts at the Priory Hospital Roehampton: Monday 25 February 2013; Night shift (19:45-08:00); hours Wednesday 27 February 2013; Night shift (19:45-08:00); hours Friday 1 March 2013; Night shift (19:45-08:00); hours Saturday 3 March 2013; Night shift (19:45-08:00); hours 24. Shifts commencing on Monday 1 April 2013 Sunday 7 April 2013 totalling 73 hours: hours during Tuesday to Friday for South London and Maudsley NHS Foundation Trust (on annual leave Monday 1 April 2013); 24.2 Additional shifts at the Priory Hospital Roehampton: Tuesday 2 April 2013; Night shift (19:45-08:00); hours Thursday 4 April 2013; Night shift (19:45-08:00); hours Saturday 6 April 2013; Night shift (19:45-08:00); hours Sunday 7 April 2013; Night shift (19:45-08:00); hours 25. Shifts commencing on Monday 8 April 2013 Sunday 14 April 2013 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 25.2 Additional shifts at the Priory Hospital Roehampton: Wednesday 10 April 2013; Night shift (19:45-08:00); hours Friday 12 April 2013; Night shift (19:45-08:00); hours 9

10 Saturday 13 April 2013; Night shift (19:45-08:00); hours 26. Shifts commencing on Monday 15 April 2013 Sunday 21 April 2013 totalling 73 hours: hours during Monday to Friday for South London and Maudsley NHS Foundation Trust (annual leave on Thursday 18 April 2013); 26.2 Additional shifts at the Priory Hospital Roehampton: Monday 15 April 2013; Night shift (19:45-08:00); hours Wednesday 17 April 2013; Night shift (19:45-08:00); hours Friday 19 April 2013; Night shift (19:45-08:00); hours Sunday 21 April 2013; Night shift (19:45-08:00); hours 27. Shifts commencing on Monday 22 April 2013 Sunday 28 April 2013 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 27.2 Additional shifts at the Priory Hospital Roehampton: Wednesday 24 April 2013; Night shift (19:45-08:00); hours Friday 26 April 2013; Night shift (19:45-08:00); hours Saturday 27 April 2013; Night shift (19:45-08:00); hours 28. Shifts commencing on Monday 17 June 2013 Sunday 23 June 2013 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 28.2 Additional shifts at the Priory Hospital Roehampton: Monday 17 June 2013; Night shift (19:45-08:00); hours Wednesday 19 June 2013; Night shift (19:45-08:00); hours Friday 21 June 2013; Night shift (19:45-08:00); hours Sunday 23 June 2013; Night shift (19:45-08:00); hours 29. Shifts commencing on Monday 1 July 2013 Sunday 7 July 2013 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 29.2 Additional shifts at the Priory Hospital Roehampton: Monday 1 July 2013; Night shift (19:45-08:00); hours Wednesday 3 July 2013; Night shift (19:45-08:00); hours Friday 5 July 2013; Night shift (19:45-08:00); hours Saturday 6 July 2013; Night shift (19:45-08:00); hours Sunday 7 July 2013; Night shift (19:45-08:00); hours 30. Shifts commencing on Monday 22 July 2013 Sunday 28 July 2013 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 10

11 30.2 Additional shifts at the Priory Hospital Roehampton: Monday 22 July 2013; Night shift (19:45-08:00); hours Thursday 25 July 2013; Night shift (19:45-08:00); hours Friday 26 July 2013; Night shift (19:45-08:00); hours Saturday 27 July 2013; Night shift (19:45-08:00); hours 31. Shifts commencing on Monday 26 August 2013 Sunday 1 September 2013 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 31.2 Additional shifts at the Priory Hospital Roehampton: Tuesday 27 August 2013; Night shift (19:45-08:00); hours Thursday 29 August 2013; Night shift (19:45-08:00); hours Saturday 31 August 2013; Night shift (19:45-08:00); hours 32. Shifts commencing on Monday 2 September 2013 Sunday 8 September 2013 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 32.2 Additional shifts at the Priory Hospital Roehampton: Monday 2 September 2013; Night shift (19:45-08:00); hours Wednesday 4 September 2013; Night shift (19:45-08:00); hours Friday 6 September 2013; Night shift (19:45-08:00); hours Saturday 7 September 2013; Night shift (19:45-08:00); hours 33. Shifts commencing on Monday 9 September 2013 Sunday 15 September 2013 totalling hours: hours during Monday to Friday for South London and Maudsley NHS Foundation Trust (on sick leave Tuesday 10 September to Wednesday 11 September 2013); 33.2 Additional shifts at the Priory Hospital Roehampton: Monday 9 September 2013; Night shift (19:45-08:00); hours Wednesday 11 September 2013; Night shift (19:45-08:00); hours Friday 13 September 2013; Night shift (19:45-08:00); hours Saturday 14 September 2013; Night shift (19:45-08:00); hours Sunday 15 September 2013; Night shift (19:45-08:00); hours 34. Shifts commencing on Monday 23 September 2013 Sunday 29 September 2013 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 34.2 Additional shifts at the Priory Hospital Roehampton: Tuesday 24 September 2013; Night shift (19:45-08:00); hours Thursday 26 September 2013; Night shift (19:45-08:00); hours Friday 27 September 2013; Night shift (19:45-08:00); hours 11

12 Saturday 28 September 2013; Night shift (19:45-08:00); hours 35. Shifts commencing on Monday 30 September 2013 Sunday 6 October 2013 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 35.2 Additional shifts at the Priory Hospital Roehampton: Monday 30 September 2013; Night shift (19:45-08:00); hours Wednesday 2 October 2013; Night shift (19:45-08:00); hours Friday 4 October 2013; Night shift (19:45-08:00); hours Saturday 5 October 2013; Night shift (19:45-08:00); hours 36. Shifts commencing on Monday 7 October 2013 Sunday 13 October 2013 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 36.2 Additional shifts at the Priory Hospital Roehampton: Monday 7 October 2013; Night shift (19:45-08:00); hours Wednesday 9 October 2013; Night shift (19:45-08:00); hours Friday 11 October 2013; Night shift (19:45-08:00); hours Saturday 12 October 2013; Night shift (19:45-08:00); hours 37. Shifts commencing on Monday 14 October 2013 Sunday 20 October 2013 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 37.2 Additional shifts at the Priory Hospital Roehampton: Monday 14 October 2013; Night shift (19:45-08:00); hours Wednesday 16 October 2013; Night shift (19:45-08:00); hours Friday 18 October 2013; Night shift (19:45-08:00); hours Saturday 19 October 2013; Night shift (19:45-08:00); hours 38. Shifts commencing on Monday 21 October 2013 Sunday 27 October 2013 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 38.2 Additional shifts at the Priory Hospital Roehampton: Wednesday 23 October 2013; Night shift (19:45-08:00); hours Friday 25 October 2013; Night shift (19:45-08:00); hours Saturday 26 October 2013; Night shift (19:45-08:00); hours 39. Shifts commencing on Monday 28 October 2013 Sunday 3 November 2013 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 39.2 Additional shifts at the Priory Hospital Roehampton: 12

13 Monday 28 October 2013; Night shift (19:45-08:00); hours Wednesday 30 October 2013; Night shift (19:45-08:00); hours Friday 1November 2013; Night shift (19:45-08:00); hours Saturday 2 November 2013; Night shift (19:45-08:00); hours 40. Shifts commencing on Monday 11 November 2013 Sunday 17 November 2013 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 40.2 Additional shifts at the Priory Hospital Roehampton: Wednesday 13 November 2013; Night shift (19:45-08:00); hours Friday 15 November 2013; Night shift (19:45-08:00); hours Saturday 16 November 2013; Night shift (19:45-08:00); hours 41. Shifts commencing on Monday 25 November 2013 Sunday 1 December 2013 totalling 73 hours: hours during Tuesday to Friday for South London and Maudsley NHS Foundation Trust (on annual leave Monday 25 November 2013); 41.2 Additional shifts at the Priory Hospital Roehampton: Monday 25 November 2013; Night shift (19:45-08:00); hours Wednesday 27 November 2013; Night shift (19:45-08:00); hours Saturday 30 November 2013; Night shift (19:45-08:00); hours Sunday 1 December 2013; Night shift (19:45-08:00); hours 42. Shifts commencing on Monday 9 December 2013 Sunday 15 December 2013 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 42.2 Additional shifts at the Priory Hospital Roehampton: Monday 9 December 2013; Night shift (19:45-08:00); hours Thursday 12 December 2013; Night shift (19:45-08:00); hours Friday 13 December 2013; Night shift (19:45-08:00); hours Saturday 14 December 2013; Night shift (19:45-08:00); hours 43. Shifts commencing on Monday 23 December 2013 Sunday 29 December 2013 totalling 73 hours: hours during Tuesday to Friday for South London and Maudsley NHS Foundation Trust (on sickness leave Monday 23 December 2013); 43.2 Additional shifts at the Priory Hospital Roehampton: Tuesday 24 December 2013; Night shift (19:45-08:00); hours Friday 27 December 2013; Night shift (19:45-08:00); hours Saturday 28 December 2013; Night shift (19:45-08:00); hours Sunday 29 December 2013; Night shift (19:45-08:00); hours 13

14 44. Shifts commencing on Monday 30 December 2013 Sunday 5 January 2014 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 44.2 Additional shifts at the Priory Hospital Roehampton: Tuesday 31 December 2013; Night shift (19:45-08:00); hours Thursday 2 January 2014; Night shift (19:45-08:00); hours Sunday 5 January 2014; Night shift (19:45-08:00); hours 45. Shifts commencing on Monday 6 January 2014 Sunday 12 January 2014 totalling 80.5 hours: hours during Monday to Friday for South London and Maudsley NHS 45.2 Additional shifts at the Priory Hospital Roehampton: Monday 6 January 2014; Night shift (19:45-08:00); hours Thursday 9 January 2014; Night shift (19:45-08:00); hours Friday 10 January 2014; Night shift (19:45-08:00); hours Saturday 11 January 2014; Night shift (19:45-08:00); hours 46. Shifts commencing on Monday 13 January 2014 Sunday 19 January 2014 totalling hours: hours during Monday to Friday for South London and Maudsley NHS Foundation Trust (on annual leave Tuesday 14 January 2014); 46.2 Additional shifts at the Priory Hospital Roehampton: Monday 13 January 2014; Night shift (19:45-08:00); hours Tuesday 14 January 2014; Night shift (19:45-08:00); hours Wednesday 15 January 2014; Night shift (19:45-08:00); hours Thursday 16 January 2014; Night shift (19:45-08:00); hours Sunday 19 January 2014; Night shift (19:45-08:00); hours 47. Shifts commencing on Monday 20 January 2014 Sunday 26 January 2014 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 47.2 Additional shifts at the Priory Hospital Roehampton: Monday 20 January 2014; Night shift (19:45-08:00); hours Wednesday 22 January 2014; Night shift (19:45-08:00); hours Friday 24 January 2014; Night shift (19:45-08:00); hours Saturday 25 January 2014; Night shift (19:45-08:00); hours Sunday 26 January 2014; Night shift (19:45-08:00); hours 14

15 48. Shifts commencing on Monday 27 January 2014 Sunday 2 February 2014 totalling 73 hours: hours during Tuesday to Friday for South London and Maudsley NHS Foundation Trust (on annual leave Monday 27 January 2014); 48.2 Additional shifts at the Priory Hospital Roehampton: Tuesday 28 January 2014; Night shift (19:45-08:00); hours Thursday 30 January 2014; Night shift (19:45-08:00); hours Friday 31 January 2014; Night shift (19:45-08:00); hours Saturday 1 February 2014; Night shift (19:45-08:00); hours 49. Shifts commencing on Monday 10 February 2014 Sunday 16 February 2014 totalling hours: hours during Monday to Friday for South London and Maudsley NHS 49.2 Additional shifts at the Priory Hospital Roehampton: Monday 10 February 2014; Night shift (19:45-08:00); hours Wednesday 12 February 2014; Night shift (19:45-08:00); hours Friday 14 February 2014; Night shift (19:45-08:00); hours Details of Conviction and associated Misconduct charges: That you, a registered nurse: 1. On 25 July 2011, were convicted at the Redhill Magistrate s Court of one offence of driving a motor vehicle when using a hand-held mobile telephone, contrary to regulation 110(1) of the Road Vehicles (Construction and Use) Regulation 1986, section 41D of the Road traffic act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 and received the following sentence: 1.1. Disqualified from holding or obtaining a driving licence for 6 months; 1.2. Licence endorsed with 3 penalty points; 1.3. Fined 200; 1.4. Ordered to pay a Victim Surcharge of 15; 1.5. Ordered to pay costs of 85 to Surrey Police; 15

16 2. On 10 November 2011 provided incorrect information on your application for employment to the Priory Hospital Roehampton, in that you: 2.1. Stated that you held a current full UK driving licence when you did not; 2.2 Stated that you did not have any unspent convictions when you had received the conviction detailed in charge 1; 3. Your conduct at charge 2 was dishonest, in that you: Not Found Proved 3.1. Knew that you had been disqualified from holding a driving licence for 6 months from 25 July 2011, and that you had received the conviction detailed in charge 1 on 25 July 2011; Admitted as a fact but not in respect of the element of dishonesty alleged in the stem of this charge 3.2. Intended to conceal your conviction detailed in charge 1, and/or your disqualification from driving, from your prospective employer, the Priory Hospital Roehampton. Not Found Proved And, in light of the above, your fitness to practise is impaired by reason of your conviction (charge 1) and by reasons of your misconduct (charges 2 and 3). Not Found Proved 16

17 Mr Aikines-Aryeetey, Determination under Rule 24(7) on the application of no case to answer in relation to Misconduct charges 8 and 9. This case has been considered in accordance with the provisions of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004, as amended. The allegations in the case relate to your employment as a band 6 Community Outreach Nurse employed by the South London and Maudsley NHS Foundation Trust (the Trust) at Her Majesty s Prison Brixton and to your employment with the Priory Hospital Roehampton (the Hospital). Rule 24 (7) states: Except where all the facts have been admitted and found proved under paragraph (5), at the close of the Council s case, and- (i) (ii) either upon the application of the registrant, or of its own volition, the Committee may hear submission from the parties as to whether sufficient evidence has been presented to find the facts proved and shall make a determination as to whether the registrant has a case to answer. Mr James invited the panel to find that there was no evidence to support charges 8 and 9. He submitted that the facts alleged were not covered by the evidence of Mr 1, Human Resources Manager employed at the Hospital, and that no other witness gave evidence as to whether you had brought the fact of your NMC referral to the attention of your employers at the Hospital. Ms Goring drew the panel s attention to the NMC s notice of referral letter to you dated 19 June 2014, sent by recorded delivery and addressed to your registered address, informing you of a concern about your fitness to practise, together with evidence that you continued to work shifts at the Hospital after that date. The panel understands this letter was delivered to your registered address on 21 June

18 The panel accepted the advice of the legal assessor. It had regard to the legal authorities to which it was referred. It noted the ruling of Lord Lane, in the case of R v Galbraith (1981)73 Cr App R 124. In that case, Lord Lane established the following test: (1) If there is no evidence that the crime alleged has been committed by the defendant, there is no difficulty. The judge will of course stop the case. (2) The difficulty arises where there is some evidence but it is of a tenuous character, for example because of inherent weakness or vagueness or because it is inconsistent with other evidence. (a) Where the judge comes to the conclusion that the prosecution evidence, taken at its highest, is such that a jury properly directed could not properly convict upon it, it is his duty, upon a submission being made, to stop the case. (b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witnesses reliability or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the judge should allow the matter to be tried by the jury.there will of course as always in this branch of the law be borderline cases. They can safely be left to the discretion of the judge. The panel also had regard to the ruling of Mr Justice Turner in the case of R v Shippey [1988] Crim LR 767 indicating that, in considering a half time submission, the panel should consider the NMC s case at its highest but that doing so does not involve it picking out all the plums and leaving the duff behind. The panel understood this to mean that it must have regard to all of the relevant evidence and not only the evidence which would tend to support the facts which are the subject of this application. The panel s task at this stage is to consider, in relation to the disputed facts and on the assumption that it will hear no more evidence regarding those facts, whether sufficient evidence has been adduced upon which it could find those facts proved. The panel accepted as a matter of logic that if it allowed the application in respect of charge 8, charge 9 automatically fell. 18

19 The panel allows the application in relation to charge 8. It is satisfied that there is no evidence before it that you did not, on or after 19 June 2014, inform the Hospital that your fitness to practise had been called into question. There is evidence, in the form of the NMC s letter dated 19 June 2014, to suggest that, shortly after 21 June 2014 when that letter was delivered, you ought to have been aware that the NMC had received allegations from the Trust in respect of your fitness to practise. However, in the panel s judgment, the simple fact that you continued to work shifts for the Hospital after 19 June 2014, does not, in the absence of other information, constitute evidence upon which the panel could conclude that you had not informed the Hospital of the NMC referral. The panel could not infer from the evidence of the shifts worked after 19 June 2014 that the Hospital was ignorant of the referral. As a consequence of the panel s decision in relation to charge 8, charge 9 falls away. The panel records that you have no case to answer in respect of charges 8 and 9. Determination on the Facts: At the start of the hearing, you made admissions as follows: misconduct charges 1-7 in their entirety, conviction charge 1, misconduct linked to conviction charge 2 in its entirety and charge 3.1 but did not admit the dishonesty alleged in the stem of charge 3. The panel recorded that those charges were found proved on the basis of your admissions. In reaching its decisions on the facts which remain in dispute, namely charge 3.2 and the dishonesty in the stem of charge 3 of the alleged misconduct linked to the conviction, the panel considered all of the evidence adduced, both oral and documentary. It gave the evidence such weight as it deemed appropriate. The panel heard evidence from Mr 1, Human Resources Manager at the Hospital since June The panel had regard to witness statements from the following: Ms 2, Clinical Lead for Mental Health since April 2014 employed by the Trust, 19

20 Mr 3, NMC Senior Registrar and Appeals Support Officer, Ms 4, NMC Case Investigation Officer. The panel also heard evidence from you. The panel accepted the advice of the legal assessor. The panel noted that the burden of proof rests entirely upon the NMC and that you do not have to prove or disprove anything. The standard of proof is the civil standard, namely the balance of probabilities. This means that, for a fact to be found proved, the NMC must satisfy the panel that what is alleged to have happened is more likely than not to have occurred. Ms Goring made no closing submission on the basis that she had already set out the NMC s position when she had opened the case. Mr James invited the panel to find charge 3.2 not proved. He submitted that Mr 1 s evidence tended to support aspects of the account given by you, in a number of respects. In considering the allegations of dishonesty in accordance with the legal assessor s advice, the panel had regard to the following legal authorities: R v Ghosh [1982] EWCA Crim 2 and applied the test laid down in that case by Lord Lane who stated: In determining whether the prosecution has proved that the defendant was acting dishonestly, a jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails. If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realised that what he was doing was by those standards dishonest. In most cases, where the actions are obviously dishonest by ordinary standards, there will be no doubt about it. It will be obvious that the defendant himself knew that he was acting dishonestly. It is dishonest for a defendant to act in a way which he knows ordinary people consider to be 20

21 dishonest, even if he asserts or genuinely believes that he is morally justified in acting as he did. The panel therefore first considered whether you had acted as alleged. It then considered whether what you had done was dishonest, according to the ordinary standards of reasonable and honest people. The panel bore in mind that only if it concluded that the answer to that question was affirmative could it proceed to consider whether you must have realised that, according to those standards, what you had done was dishonest. In coming to its conclusions the panel assessed the respective credibility and reliability of Mr 1 and you. The panel found Mr 1 to be a very fair, balanced and honest witness. In the panel s judgment he sought to be helpful. He did not embellish his account, which was entirely plausible. To his credit, he readily accepted that he had not been in post at the time of your application and could not assist with any direct evidence of what was discussed in the interview. However, he was clear as to what he would have expected in terms of what the recruitment process would have involved and what he would have expected of staff involved in that process. The panel also found your evidence to be plausible. You readily acknowledged with hindsight that you could have done things differently. Although there was no documentary evidence to support your account that you had sought advice from the Hospital s Human Resources staff as to whether you needed to disclose your driving conviction or of what you say was their response, namely that such a conviction did not need to be disclosed, neither was there any evidence to undermine your account. The panel makes the following findings of fact: Charge 3.2. The allegation is that your conduct, in providing incorrect information on your application for employment to the Priory Hospital Roehampton on 10 November 2011, namely your statements that you held a current full UK driving licence and that you did not have any unspent convictions, was dishonest in that you intended to conceal from the Priory 21

22 Hospital Roehampton your conviction dated 25 July 2011 for driving a motor vehicle when using a hand-held mobile telephone and/or your disqualification from driving for six months. This Charge is Not Found Proved Your case was that he had sought advice by telephone from the Hospital s Human Resources staff and had been informed that you did not have to disclose your driving conviction. Whilst Mr 1 was not in a position to confirm or refute your evidence on this point, he told the panel that it was commonplace for Human Resources staff to receive telephone calls asking for advice about issues of disclosure. Mr 1 stated that where an applicant recorded in their application form that they had current endorsements on their UK driving licence, he would have expected that matter to have been raised with them at interview. Your application form for employment at the Hospital dated 8 November 2011 makes clear that you disclosed the fact that your UK driving licence was endorsed at that time. It was your evidence that this matter was raised during your interview. Your evidence of that was not challenged and was supported by Mr 1 s expectations. The application form also includes a declaration by you to the effect that, at the time, you held a current full UK driving licence. That declaration was not correct, as you now acknowledge through your admission, since you had been disqualified from holding or obtaining a driving licence for 6 months with effect from 25 July You told the panel that you believed, when you completed the application form, that you did hold a full UK driving licence. Your licence had been returned to you by the DVLA having been endorsed. You knew you could not use it for six months but also knew that you did not have to re-sit your driving test at the end of the period of disqualification. Noting that not every lay person (in the sense of not being legally qualified) will necessarily fully appreciate that a driving licence which is suspended for a period but which has been returned to the holder by the DVLA does not constitute holding a current full licence, the panel considered whether according to the ordinary standards of reasonable and honest people, your actions were dishonest. 22

23 Your understanding at the time may have been naive but the question for the panel is whether your conduct was dishonest in that you sought to conceal your conviction and/or your disqualification from driving as alleged. Resolving that question involved an assessment of your intention and state of mind at the time. The panel noted that you clearly disclosed that your UK driving licence was subject to current endorsements. The panel found this declaration to be relevant to your likely intent and telling in respect of the allegation that you were seeking to conceal from the Hospital either the existence of your driving conviction or the status of your driving licence. In the panel s judgment, your declaration that your driving licence was endorsed provided the Hospital with the opportunity to explore the nature of the endorsements and was likely to reveal the nature of the conviction which resulted in the endorsements. The panel accepted your explanation that you had been advised by HR that you did not need to disclose an unspent conviction. In these circumstances, the panel was satisfied that a reasonable and honest person would be unlikely to conclude that your conduct was dishonest since your declaration provided the very means by which the Hospital could establish the existence of your driving conviction and the nature of the endorsements on your driving licence. Determination on Misconduct and Impairment: This part of the hearing is a two stage process. It first considers and determines, whether or not the facts found proved and which were alleged as misconduct amounts to misconduct. If misconduct is found, the panel goes on to consider whether your current fitness to practise is impaired by reason of that misconduct. The panel also considers, separately, whether your current fitness to practise is impaired by reason of your conviction. The facts in this case which remain live for the purpose of an assessment of misconduct relate to the following: Your conduct, between 19 March 2012 and 14 February 2014 on the occasions set out in Schedule 1, in working excessive hours in a nursing capacity; 23

24 Your conduct on 29 January 2013 in dishonestly stating at a Trust disciplinary hearing that you were not doing any further additional work; Your conduct in dishonestly working three night shifts at the Hospital in December 2013 during a period of sickness absence from the Trust; Your dishonest failure, on or around 12 March 2014, to disclose to the NMC your arrangement to provide nursing services to the Hospital. You have admitted working excessive hours in a nursing capacity between 19 March 2012 and 14 February At the time you were working full time, five days (Monday to Friday) and 37.5 hours per week. The Trust was your primary employer. Your normal hours were 09:00 17:00 hours but there was a degree of flexibility agreed you re your manager to assist with childcare commitments and you would sometimes work between 10:00 18:00 hours. You were also working shifts at the Hospital. The evidence before the panel is that these were night shifts lasting hours. You told the panel that, for most of the period in question, you worked two shifts per week at the Hospital. These shifts would usually be on Friday, Saturday or Sunday. Occasionally you worked 1 or 2 week-day shifts at the Hospital. You were therefore working seven days per week. Schedule 1 to the charges makes clear that, at times, you worked as many as five night shifts per week at the Hospital, on top of your 37.5 hours for the Trust, and regularly, rather than occasionally, worked night shifts on week-days. On a number of occasions you worked a total of hours per week. The panel noted your evidence that you had completed a form agreeing to work additional hours at the Trust in order to facilitate a management request to undertake hours over and above the limits which the panel understands are set out in the Working Time Regulations (1998). The panel is aware that registered nurses may regularly work additional hours. However, the issue in this case is not simply one of additional hours worked but, as you have admitted, involves the excessive hours cited in schedule 1. You told the panel that you took care to check your practice when working additional shifts in order to ensure the safety of those in your care. You would sleep whilst on unpaid breaks at the Hospital, which was permitted by your employer. The panel noted the evidence of Ms 2 that no complaints were received by the Trust in relation to your practice during the period in question. 24

25 However, the panel also had regard to Ms Goring s submission that your patients were vulnerable with enduring and severe mental health needs. You accept that working the additional hours had taken a toll on you. Ms 2 s evidence was that she put it to you at an investigation meeting on 23 July 2012 that, by working excessive hours, you placed himself, your colleagues and service users at risk of harm. In her opinion you did not show any insight into how your actions could have affected the safety of your work but nevertheless stated that it would not happen again. Ms 2 s evidence was that she could not see how your practice could not have been affected due to sleep deprivation. In her view it was not safe for you to be working in excess of hours a week. She stated that because your role was autonomous it would have been difficult for anyone to notice any deterioration in your practice straight away. Although Ms 2 stated that she looked back over your written assessments and had been unable to detect any discernible differences in your report writing, she also said that she was not able to comment on the quality of your interactions with the service users. In your evidence you explained the personal and financial circumstances which you said had led you to work the excessive hours and to resume working additional hours having told the Trust that you would stop. In the panel s judgment, you did not advance this information to justify what you did but to explain the context in which you made the decision to work the additional shifts and why, shortly after you had told the Trust that you would stop, you resumed so doing. You told the panel that your mother had died in Ghana. In fact, the telephone call you received whilst driving and which resulted in your conviction was in connection with that matter. Her status meant that the funeral was an event involving a significant number of attendees and the costs involved were very substantial. It was your responsibility to meet those costs. Your mother in law also died and whilst you had not been expected to meet the cost of her funeral, it had been necessary to travel to Ghana in respect of both funerals. There had also been a family wedding. At the time, you were financially responsible for three of your four children. You had taken out a number of loans. You were six months behind with mortgage payments and struggled to meet gas and electricity bills. Your expenses exceeded the family income by a substantial amount every month. When you told the Trust that you would stop working the additional shifts, that had been your real intention. However, faced with demands for payment you decided you had no option but to resume. 25

26 In considering the issue of misconduct the panel had regard to all of the relevant evidence available to it, including your admissions at the start of the hearing together with your further oral and documentary evidence presented at this stage. It had regard to the submissions made by Ms Goring and those made by Mr James. In relation to misconduct, Ms Goring referred the panel to the 2008 edition of the NMC document The code: Standards of conduct, performance and ethics for nurses and midwives (the Code). She submitted that a number of the elements of the Code were engaged in relation to the facts found proved. Ms Goring contended that those facts constitute serious and repeated departures from the professional standards required of a registered nurse. Mr James accepted on your behalf that the admitted facts amounted to misconduct. The panel accepted the advice of the legal assessor and had regard to the legal authorities to which it was referred namely: Roylance v General Medical Council [1999] UKPC 16, and Council for Healthcare Regulatory Excellence v Nursing and Midwifery Council and Grant [2011] EWHC 927 (Admin). The panel bore in mind the ruling of Lord Clyde in the case of Roylance cited above. He said: Misconduct is a word of general effect, involving some act or omission which falls short of what would be proper in the circumstances. The standard of propriety may often be found by reference to the rules and standards ordinarily required by a [nursing] practitioner in the particular circumstances... The panel therefore had regard to the content of the 2008 edition of the Code. It considered that the following parts were relevant to this case: (i) the preamble to the Code which states: The people in your care must be able to trust you with their health and wellbeing. To justify that trust, you must: make the care of people your first concern... be open and honest, act with integrity and uphold the reputation of your profession. 26