Appeal By Pamela J Burton Against The Nursing And Midwifery Council
| Jurisdiction | Scotland |
| Judge | Lord Malcolm,Lord Drummond Young,Lady Paton |
| Neutral Citation | [2018] CSIH 77 |
| Date | 11 December 2018 |
| Docket Number | XA19/18 |
| Court | Court of Session |
| Published date | 11 December 2018 |
EXTRA DIVISION, INNER HOUSE, COURT OF SESSION
[2018] CSIH 77
XA19/18
Lady Paton
Lord Drummond Young
Lord Malcolm
OPINION OF THE COURT
delivered by LADY PATON
in the appeal by
PAMELA J BURTON
Appellant
against
THE NURSING AND MIDWIFERY COUNCIL
Respondent
Appellant: Party
Respondent: P Reid; Nursing and Midwifery Council, George Street, Edinburgh
11 December 2018
A capability assessment followed by disciplinary procedure
[1] The appellant is a nurse with over forty years experience. In 2004 she began working
as a “bank nurse” (band 5), which involved placements in NHS Lothian hospitals as and
when required.
[2] In October 2015, the appellant was sent to Liberton Hospital. There, concerns arose
about some aspects of her work. NHS Lothian requested her participation in a capability
assessment, involving placements at several hospitals. The assessment began in February
2
2016, and continued to the third formal stage in August 2016. On 27 October 2016, before the
completion of the assessment, the appellant had a meeting with the bank staff manager
Mrs Dodds. Following some discussion, the appellant resigned. In January 2017, NHS
Lothian submitted a complaint to the Nursing and Midwifery Council (the respondent)
concerning issues which had arisen in the course of the capability assessment. On 27 January
2017 the respondent imposed an interim suspension on the appellant, as a result of which she
could not work as a nurse. The respondent also served the appellant with a complaint
specifying various charges relating inter alia to clinical competences, recognition of
limitations, manual handling techniques, awareness of risks, and administration of
medication.
[3] A hearing before the Fitness to Practise Committee was arranged for 22 January 2018.
That hearing was preceded by considerable correspondence between the appellant and the
respondent. The appellant lodged written representations denying the charges, contradicting
witness statements, and explaining her position. In the course of correspondence, the
respondent advised the appellant to obtain legal advice. The appellant responded stating
that she would not attend the hearing, nor would she be represented.
[4] The committee met on 22 January 2018. The members were two lay persons (one
being the chair) and one nurse. A legal assessor was in attendance, and a case presenter. The
appellant was not present. Matters debated on the first day included amendment of the
charges, and the question whether to proceed in the appellant’s absence. The chair directed
the legal assessor to telephone the appellant. After an initial contact on 22 January 2018, a
more extensive telephone conversation took place the following day, 23 January 2018. A
report of that conversation was made to the committee and noted in the transcript of the
proceedings as follows:
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Appeal By Sw Against A Decision Of The Health And Care Professions Tribunal
...right to appeal and was manifestly unfair. Reference was made to th e observations of the court in Burton v Nursing and Midwifery Council [2018] CSIH 77. On any view the period should be reduced to reflect the time SW had been suspended pending determination of the appeal. Submissions for t......