
March 2023.
Appeal, panel findings
According to the court document highlighting the panel findings and Ms Offier’s work history and “proven” misconduct, NMC, as the first respondent in the case, has conceded the appeal.
While Ms Offier, the second respondent did not appear before the Court, Mr Sheldon noted that she indicated that she was not prepared to consent to being struck off the register and that she made no representations as to why the appeal should be dismissed.
However, the appeal proceeded in the absence of the registrant after the counsel for the PSA, David Hopkins, “indicated that he would seek to put before the court the arguments that the registrant might have put had she attended.”
The NMC’s panel found that Ms Offier had dishonestly failed to disclose information to a future employer about the existence of two previous employers and that she was subject to investigation by that previous employer.
It also found that she had dishonestly failed to disclose information to her employer that conditions had been imposed on her by NMC.
The panel also found that the registrant had worked one shift for the employer in breach of the condition that she should be supervised by a registered nurse.
Court disposal
Mr Sheldon in his comments admitted that the panel “fell into error by finding that none of the six forms of dishonesty that are most likely to call into question whether a nurse should be allowed to remain on the register were met.”
While PSA contends that any sanction less than one of striking off was not sufficient for the protection of the public, it also argued that the panel failed to give adequate reasons that striking off was disproportionate.
“I do not need to reach a final view on this ground, as I have already found that the panel made several errors and so its decision was wrong,” the judge said.
In his conclusion, Mr Sheldon said: “Accordingly, I will allow the appeal but remit the decision so that the question of sanction can be looked at in light of the findings that the panel made, but also the findings that the panel should have made. I shall consider further submissions from the parties as to the appropriate form of the order for remittal and on any other consequential matter.”Exclusive: UK authority suspends Nigerian nurse over dishonesty, may strike name off register.
Source:- Premiumtimesng
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