Nurse lose Striking Off Order appeal – Cascioli v NMC

A nurse has lost her appeal against being struck off for allegations relating to dishonesty in Cascioli v Nursing and Midwifery Council [2024] EWHC 1109 (Admin) (10 May 2024).

This is an appeal against various decisions made by a Panel of the NMC’s Fitness to Practise Committee (“the Panel”).

The Appellant appealed the Panel’s findings that she had been dishonest, their decision that her fitness to practise was impaired, and the sanction they imposed, namely striking her name from the register.

The Appellant sought an order quashing the Panel’s decision and remitting the matter for reconsideration by a differently constituted Panel.

The Appellant advanced fifteen grounds of appeal, some of which had several sub-grounds. The grounds related to three areas: (1) the Panel’s findings that the Appellant had been dishonest; (2) their finding that her fitness to practise was impaired; and (3) their finding on sanction.

Mrs Justice Hill DBE, in rejecting the appeal, following an extensive judgement, said:

“Overall, a striking off order was well within the margin of judgment available to the Panel and was not wrong. It was, in my judgment, appropriate and necessary in the public interest. I therefore dismiss all the grounds of appeal in relation to the sanction imposed.

“Accordingly, for all these reasons, I conclude that the Panel’s findings that the Appellant had been dishonest, that her fitness to practise was impaired and that a striking off order was appropriate were not wrong and the proceedings were not unjust.

“Therefore, despite the very careful and sensitive way in which the appeal was argued by the Appellant’s counsel, I dismiss it.”

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