Council for the Regulation of Health Care Professionals, R (on the application of) v Nursing And Midwifery Council & Anor [2007] EWHC 1806 (Admin) (04 July 2007)

Council for the Regulation of Health Care Professionals, R (on the application of) v Nursing And Midwifery Council & Anor [2007] EWHC 1806 (Admin) (04 July 2007)

The failure to charge or amend the charges to include dishonesty was a serious procedural error. If dishonesty had been considered and resolved against Ms Kingdom, the finding of no misconduct would have been unduly lenient. The case must be remitted to a differently constituted Committee with a direction to amend the charges to include dishonesty.

Citation
[2007] EWHC 1806 (Admin)
Parties
Claimant: Council for the Regulation of Health Care Professionals; First Defendant: Nursing and Midwifery Council; Second Defendant: Michelle Kingdom
Jurisdiction
England and Wales
Judgment Date
04 July 2007
Procedural Posture
Judicial Review / Statutory Appeal / Appeal From Professional Conduct Committee Decision
Outcome
Appeal allowed; case remitted
Legal Topics
Procedural Fairness in Disciplinary Proceedings, Amendment of Charges, Undue Leniency, Fitness to Practise, Misconduct in Healthcare Professions
Administrative Law Professional Regulation Health Law Procedural Fairness in Disciplinary Proceedings Amendment of Charges Undue Leniency Fitness to Practise Misconduct in Healthcare Professions

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Parties

Council for the Regulation of Health Care Professionals

Claimant

Nursing and Midwifery Council

First Defendant

Michelle Kingdom

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Appeal From Professional Conduct Committee Decision

Legal Issues

  1. 1 Whether failure to charge dishonesty and/or amend charges to include dishonesty constituted a serious procedural irregularity
  2. 2 Whether the Committee's decision not to find misconduct was unduly lenient
  3. 3 Whether the case should be remitted to a differently constituted Committee with amended charges

Ratio Decidendi

The failure to charge or amend the charges to include dishonesty was a serious procedural error. If dishonesty had been considered and resolved against Ms Kingdom, the finding of no misconduct would have been unduly lenient. The case must be remitted to a differently constituted Committee with a direction to amend the charges to include dishonesty.

Court Disposition

Appeal allowed; case remitted

Orders

  • Case remitted to a differently constituted Committee with direction to amend charges to include dishonesty.
  • Amended charges to be formulated and served prior to the Committee reconvening.