Council for the Regulation of Health Care Professionals v The Nursing and Midwifery Council and Claire McDonnell
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2005 |
| Neutral Citation | [2005] NIQB 69 |
| Date | 25 October 2005 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2005] NIQB 69
Ref:
WEAC5350
Judgment: approved by the Court for handing down
Delivered:
25/10/2005
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (CROWN SIDE)
________
SECTION 29 OF THE NATIONAL HEALTH SERVICE REFORM AND
HEALTH CARE PROFESSIONALS ACT 2002
________
BETWEEN:
THE COUNCIL FOR THE REGULATION OF HEALTH CARE
PROFESSIONALS
Applicant;
-and-
THE NURSING AND MIDWIFERY COUNCIL
First Named Respondent;
-and-
CLAIRE McDONNELL
Second Named Respondent.
________
WEATHERUP J
[1] The Council for the Regulation of Health Care Professionals (the
Council), by its amended Notice of Appeal under Section 29 of the National
Health Service Reform and Health Care Professions Act 2002, seeks an order
that the decision of the Professional Conduct Committee (PCC) of the Nursing
and Midwifery Council (NMC) dated 14 December 2004, made in relation to
Claire McDonnell that no further action should be taken, be substituted by an
order that Ms McDonnell be cautioned and a record of the caution retained by
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the NMC or alternatively that the case of Ms McDonnell be remitted to the
PCC of the NMC with directions as to disposal of the case of Ms McDonnell.
The statutory scheme.
[2] The Nurses, Midwifes and Health Visitors (Professional Conduct)
Rules 1993 were made by the United Kingdom Central Council for Nursing,
Midwifery and Health Visiting under the Nurses, Midwifes and Health
Visitors Act 1979 and the Nurses, Midwifes and Health Visitors Act 1992.
Section 10 the Nurses, Midwifes and Health Visitors Act 1997 provided for a
Central Council of Health Care Professionals that would by rules determine
circumstances in which, and the means by which, a person may for
misconduct or otherwise be removed from the professional register. With the
implementation of the Nursing and Midwifery Order 2001, transitional
arrangements were set out in the Nursing and Midwifery Order 2001
(Transitional Provisions) Order of Council 2004 which came into force on 1
August 2004. Article 2 of the 2004 Order provided that where an allegation of
misconduct had been received by the Council before 1 August 2004 the
Council shall deal with that allegation in accordance with Section 10 of the
1997 Act and the 1993 Rules as if they remained in force.
[3] Rule 2 of the 1993 Rules deals with removal from the Register where a
practitioner had been guilty of misconduct. Further Rule 4 provides that a
practitioner may be cautioned as to her future conduct where she has been
guilty of misconduct.
[4] The 2002 Act at Section 29 provides for the reference of disciplinary
cases by the Council for the Regulation of Health Care Professionals to the
High Court of Justice in Northern Ireland as follows –
“(4) If the Council considers that –
(a) a relevant decision falling within sub-
section (1) has been unduly lenient,
whether as to any finding of
professional misconduct or fitness to
practice on the part of the practitioner
concerned (or lack of such a funding), or
as to any penalty imposed, or both, or
(b) a relevant decision falling within sub-
section (2) should not have been made
and it would be desirable for the
protection of members of the public for
the Council to take action under this
section, the Council may refer the case
to the relevant court.
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...was considered by Weatherup J in the Council for the Regulation of Healthcare Professionals v The Nursing and Midwifery Council and Anor [2005] NIQB 69. All the parties agreed that the approach I should adopt in this case is summarised by Weatherup J at paragraph [17] of his judgment. The s......
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