Nurse’s appeal against erasure dismissed

The High Court has rejected an appeal by registered nurse Saffron Mitchell against her removal from the nursing register, upholding the Nursing and Midwifery Council’s (NMC) decision that her fitness to practise was impaired due to repeated dishonesty and professional misconduct.

Background and Circumstances

The appellant nurse, was arrested in November 2020 on suspicion of conspiracy to supply drugs into HMP Parc Prison. Although she was later acquitted of all charges in August 2023, the regulatory case focused on her failure to disclose her arrest and subsequent criminal investigation to current and prospective employers.

Between 2022 and 2023, the appellant nurse held a role as a Functional Assessor for Maximus UK, assessing individuals’ eligibility for state benefits. During recruitment and employment, she did not disclose her arrest, criminal investigation, or charges, despite being asked directly in job application forms and compliance procedures.

Her employer only became aware of the situation in May 2023 after the NMC initiated regulatory proceedings. Ms Mitchell was later dismissed by Maximus UK for gross misconduct.

NMC Proceedings and Findings

The NMC’s Fitness to Practise Committee found the appellant nurse’s conduct breached fundamental principles of honesty and integrity, including multiple counts of dishonesty, such as omitting crucial legal information from job applications and continuing to work without disclosure while under investigation and facing charges.

While acknowledging her eventual acquittal, the panel concluded her sustained dishonesty over 17 months, lack of timely disclosure, and limited insight posed a serious risk to patient safety and public trust. They ordered a striking-off from the nursing register in May 2024.

Grounds of Appeal

The appellant nurse appealed under Articles 29(9) and 38 of the Nursing and Midwifery Order 2001, arguing that the sanction was disproportionate given her eventual acquittal, prior good character, and remorse. She contended the panel had failed to sufficiently weigh the personal impact of the situation and her efforts to reflect and improve.

High Court Judgment

Delivering judgment, Mr Justice Mould upheld the NMC’s decision, ruling that:

• The Committee had properly considered the evidence, including mitigating factors.

• The sustained pattern of dishonesty, including deliberate concealment, amounted to serious professional misconduct.

• The panel’s finding of limited insight and risk of repetition justified the decision to strike her off.

The Court emphasised that trust and candour are central to the nursing profession and that dishonesty, even outside clinical practice, can undermine public confidence and patient safety.

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