High Court dismisses appeal against NMC striking-off decision despite lengthy proceedings

The High Court has dismissed an appeal against a Nursing and Midwifery Council striking-off decision, rejecting arguments that the exceptional length of the fitness to practise proceedings amounted to an abuse of process.

In Asiedu-Baning v The Nursing and Midwifery Council [2026] EWHC 2731 (Admin), handed down on 30 October 2026, the Administrative Court considered a challenge to findings of misconduct and dishonesty arising from concerns about clinical record-keeping.

The case concerned findings that clinical observations had been recorded as having been completed when they had not, in fact, been carried out. The NMC Fitness to Practise Committee found the allegations proved, including dishonesty, concluded that the registrant’s fitness to practise was impaired and imposed a striking-off order.

A central feature of the appeal was the length of the proceedings. The underlying concerns arose several years before the final regulatory decision, with the matter having been referred to the NMC in 2018 and the final Fitness to Practise Committee decision reached in 2025.

The appellant argued that the delay, together with the procedural history of the case, meant that the proceedings should have been stayed as an abuse of process.

The High Court accepted that the proceedings had taken considerably longer than was reasonable. However, it concluded that delay alone was not sufficient to prevent the case from continuing.

The key question was whether the passage of time had made a fair hearing impossible or whether continuing the proceedings would otherwise amount to an abuse of process. The Court found that the Fitness to Practise Committee had been entitled to conclude that a fair determination remained possible, with relevant evidence still available and capable of being assessed.

The Court also rejected challenges to the Committee’s findings concerning the accuracy of the clinical records and dishonesty. It found no basis for interfering with the Committee’s factual conclusions.

Concerns were also raised about the management of the regulatory hearing, including directions relating to the questioning of witnesses. The High Court concluded that the Committee had been entitled to manage the conduct of the hearing while maintaining fairness to the parties.

In dismissing the appeal, the Court also upheld the striking-off order.

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