NMC ask Professional Standards Authority (PSA) to consider whether it should exercise its power to appeal NMC decision to the High Court.

The Nursing and Midwifery Council’s self-referral to the PSA relates to its fitness to practise decision in the case of nurse Melanie Hayes.

The details of the charges relating to Ms Hayes were the she:

  1. On a date in 2012, said to Colleague B “I have f..king had enough of those lazy bastard spear-chuckers all they do is that they sit on their fat arses reading f..king newspapers all day” or words to that effect
  2. On a date in 2012, said to Colleague B, about a patient “my brother’s got schizophrenia, I’ll tell him where he lives and get him to f..k him up” or words to that effect
  3. On 8 May 2018, said to Colleague A “Hopefully the new job will be better than this one as I will be working with a team of white people” or words to that effect & “you got a f..king African who cannot manage a team and a f..king paki who cannot make clinical decisions” or words to that effect

Consensual Panel Determination

Provisional agreement of a Consensual Panel Determination (CPD) had been reached with regard to this case between the NMC and Mrs Hayes.

The agreement, which was put before the panel, sets out Mrs Hayes’s full admissions to the facts alleged in the charges, that her actions amounted to misconduct, and that her fitness to practise is currently impaired by reason of that misconduct. It is further stated in the agreement that an appropriate sanction in this case would be suspension for a period of six months with a review.

Panel Determination

The panel determined that a suspension order for a period of 6 months, with a review,was appropriate in this case to mark the seriousness of the misconduct.

In addition, the panel was satisfied that an interim order is necessary for the protection of the public and is otherwise in the public interest.  If no appeal is made, then the interim suspension order will be replaced by the substantive suspension order.

Speaking after the panel determination, Andrea Sutcliffe, Chief Executive and Registrar at the Nursing and Midwifery Council, said:

“Following a careful review of our fitness to practise decision in the case of nurse Melanie Hayes, we share concerns about the reasons given for the decision in this case.

“We have therefore asked the Professional Standards Authority (PSA) to consider whether it should exercise its power to appeal the decision to the High Court.

“I recognise and understand the concern that our decision in this case has caused and I am sorry for that. We will be carrying out further work to consider wider learning arising from this case.

“There is no place for racism in health and care and I am absolutely committed to making positive changes as we play our part in tackling institutional discrimination in all its forms.” 

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