Case Commentary- O v Nursing and Midwifery Council [2015] EWHC 2949 (Admin)

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A couple of interesting points arise from this case.  Firstly, it examines the proposition that a decision to contest a criminal matter can be relevant to assessments of insight and the type of sanction to impose at fitness to practise proceedings.  See the case of Ige v Nursing and Midwifery Council [2011] EWHC 3721 (Admin) for comparison. 

The case also reaffirms the importance of giving proper consideration and drawing proper conclusions on the quality of mitigation evidence submitted by registrants at fitness to practise hearings, as well as the level of insight demonstrated.  It is worth reading the judgment in Professional Standards Authority v (1) Nursing and Midwifery Council; and (2) Wilson [2015] EWHC 1887 (Admin) for a full analysis of important principles for Committees to consider in public interest cases. 

Finally, it builds on the recently developing proposition that not every case involving receipt of criminal convictions should lead to removal from the register – see Royal College of Veterinary Surgeons v Samuel [2014] UKPC 13.