Ogundele v Nursing & Midwifery Council

Ogundele v Nursing & Midwifery Council

The Panel's findings and procedure were fair; the appellant had sufficient opportunity to present her case; the absence of cross-examination of patient A was not fatal; the sanction imposed was proportionate and allowed for remediation; the appeal is dismissed.

Parties
Claimant: Ojoke Ogundele; Defendant: Nursing & Midwifery Council
Jurisdiction
England and Wales
Judgment Date
02 July 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Fitness to Practise, Procedural Fairness, Sanctions, Hearsay Evidence
Professional Regulation Administrative Law Fitness to Practise Procedural Fairness Sanctions Hearsay Evidence

Case Brief

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Parties

Ojoke Ogundele

Claimant

Nursing & Midwifery Council

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Panel's findings on fitness to practise were unfair due to procedural irregularities
  2. 2 Whether the sanction imposed was appropriate and proportionate

Ratio Decidendi

The Panel's findings and procedure were fair; the appellant had sufficient opportunity to present her case; the absence of cross-examination of patient A was not fatal; the sanction imposed was proportionate and allowed for remediation; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Condition of Practice Order imposed for 12 months with detailed conditions on supervision, notification, personal development plan, and reporting.
  • Costs awarded to respondent in the sum mentioned in court.