Badenoch challenges ongoing NMC investigations into vindicated nurses

The Leader of the Opposition, Kemi Badenoch MP, has called on the Nursing and Midwifery Council to halt ongoing investigations into several nurses whose cases have already been upheld in court or tribunal rulings. In a strongly worded letter, she questioned why the regulator continues to pursue action against the four Darlington nurses and Christian nurse Jennifer Melle, despite legal findings in their favour.

It is reported that Badenoch said the NMC appears to be acting inconsistently with “settled law on biological sex,” referencing a Supreme Court ruling that clarified sex in law refers to biological sex. She warned that allowing ideologically driven or unfounded complaints to continue for years risks “legal error and unjust treatment of staff.”

Darlington nurses’ case

The four Darlington nurses — Bethany Hutchison, Lisa Lockey, Annice Grundy and Tracey Hooper — were reported to the NMC after raising concerns about being required to undress in front of a male colleague who identifies as a woman under an NHS policy. An Employment Tribunal ruled in January that they had been subjected to harassment and discrimination and were right to raise concerns about privacy, dignity and safeguarding. Despite this, NMC investigations triggered by media comments remain ongoing.

Jennifer Melle case

Christian nurse Jennifer Melle, who won a settlement with the NHS following a 2024 incident involving a transgender prisoner, still faces two NMC investigations. One relates to allegations of “misgendering,” while another concerns her whistleblowing to the media. Badenoch questioned why the regulator pursued action against Melle despite her being racially abused during the incident, suggesting the NMC appeared more focused on “policing language and belief” than supporting staff.

Concerns over regulatory approach

Both the Darlington nurses and Melle have been supported by the Christian Legal Centre, whose chief executive Andrea Williams said the cases show the NMC is “allowing itself to be used as a weapon against nurses who speak truthfully and act with integrity.” She argued that the investigations are not about patient safety but about enforcing “ideological conformity.”

Badenoch warned that prolonged investigations — which can last up to three years and threaten nurses’ careers — undermine public confidence in the regulator. She has asked the NMC to explain why it continues to pursue cases that appear at odds with tribunal outcomes and established legal principles.

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