High Court upholds NMC decision to strike off appellant nurse for serious misconduct

The High Court, in Umerah v The Nursing and Midwifery Council [2025] EWHC 3339 (Admin) (19 December 2025), has dismissed an appeal brought by the appellant nurse, upholding the Nursing and Midwifery Council’s (NMC) decision to strike him off the register for serious misconduct arising from his handling of an elderly resident’s fall.

Background

The FtPC found that the appellant nurse committed several failings while on duty on 6 September 2020, involving an elderly resident with Huntington’s disease. These included delays in record‑keeping, contacting the resident’s family, arranging supervision after the fall, and calling an ambulance. The panel concluded that these omissions amounted to misconduct and that his fitness to practise was impaired. In May 2024, following a lengthy adjournment between fact‑finding and sanction, the FtPC imposed a striking‑off order.

Grounds of appeal

The appellant nurse argued that the FtPC had not properly considered mitigating factors, that its conclusions on insight and remediation were irrational, and that striking off was disproportionate. He also claimed the sanction breached Article 23.1 of the Universal Declaration of Human Rights because of its impact on his employment prospects.

High Court’s decision

Mrs Justice McGowan rejected all grounds. She held that the FtPC had carried out a structured and balanced assessment of the evidence and was entitled to find that the appellant nurse had shown limited insight and insufficient remediation, despite having ample time to demonstrate improvement. The court reiterated the need to defer to specialist regulatory panels unless their decisions fall outside the range of reasonable outcomes. The judge described the appeal as “in reality, a rehearing on sanction in the hope of a different result.”

Outcome

The appeal was dismissed, and the striking‑off order remains in place. The judgment reinforces the high threshold for overturning regulatory sanctions and highlights the importance of insight, remediation, and public protection in professional regulation.

Disclaimer: The accuracy and information of news stories published on this website is accurate on the date of publishing. We endeavour to update stories if information change. You can contact us with change and update requests. Where possible, we will link to sources. Content on this website is for guidance purposes only. We cannot accept any responsibility or liability whatsoever for any action taken, or not taken. You should seek the appropriate legal advice having regard to your own particular circumstances.