QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Leeds Combined Court 1 Oxford Row Leeds West Yorkshire LS1 3BG |
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B e f o r e :
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BALLESTEROS |
Claimant |
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- and - |
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NURSING & MIDWIFERY COUNCIL |
Defendant |
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Mrs McDonald (instructed by Nursing & Midwifery Council) appeared on behalf of the Defendant.
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Mr Justice Kenneth Parker:
" will have to be satisfied before allowing an appeal that the decision of the Practice Committee has been shown to have been wrong. It would be unusual for the Board to hear oral evidence, and allowance must be made for any advantages that the Practice Committee has derived from seeing and hearing the witnesses; but this does not mean that the Board lacks full jurisdiction over the case."
"The fact that the appeal is on paper and that witnesses are not recalled makes it incumbent upon the appellant to demonstrate that some error has occurred in the proceedings before the Committee or in its decision."
"You must behave in a way that upholds the reputation of the profession. Behaviour that compromises this reputation may call your registration into question, even if it is not directly connected to your professional practice."
The language of that paragraph reflects what I have already cited from the observations of Janet Smith LJ in the Shipman case.
" in the circumstances of this case, it has not been remedied and the registrant's misconduct has a continuing negative impact on her fitness to practise. It was apparent to the panel that in respect of one of the witnesses called on the registrant's behalf at the impairment stage, namely Mr Martin, the registrant had not fully revealed to him the extent of her prior misconduct. This is significant, in the panel's view. Further, it was apparent to the panel during the course of the registrant's own evidence that she has yet to demonstrate full insight into the consequences of her misconduct."
MRS MCDONALD: My Lord, I do apply for my costs and my understanding is that the appellant is legally aided, so I ask that the order shall be made in the usual terms.
MR JUSTICE KENNETH PARKER: Yes, I will do that because there is no issue on the entitlement of the costs. You are happy with the order on costs?
MISS MAUDSLEY: Yes, my Lord.
MR JUSTICE KENNETH PARKER: Thank you very much indeed for your helpful submissions. These cases are always very difficult because, as I said earlier, there is no doubt about the competence of the appellant as a nurse and about the good work that she does as a nurse, but for the reasons I have given, however unfortunately, what she did has not qualified her to remain on the register. Thank you very much.