Incompetent nurses can’t be struck off - High Court
Politicians and patients’ groups say they are disappointed at the decision, which follows a High Court ruling.
It means the Nursing and Midwifery Council (NMC) can only suspend midwives and nurses in the UK who are deemed incompetent and make sure their suspensions are regularly reviewed.
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Hide AdThe court decision also means several Scottish nurses who have been struck off for incompetence in recent years could be given their jobs back.
The Scottish Conservatives described the situation as an “incredible development” which could put patient safety at risk.
The ban on striking off the staff – which applies across the UK – follows a case at the High Court in London where a midwife who allowed a baby to almost be strangled with its own umbilical cord had her ban on working as nurse overturned.
The judge said nurses could not be struck off for incompetence unless they had been suspended for at least two years beforehand.
As a result of the case, an Aberdeen Royal Infirmary nurse who was struck off last year now faces a new hearing which could allow her back into the profession.
Nurse Ellen Agnes Murray was barred after she incorrectly told a patient he had cancer, when it was not confirmed he had the illness. She challenged the decision at the Court of Session and the NMC will reconsider her case next month.
Scottish Conservative health spokesman Jackson Carlaw said: “This seems like quite an incredible development, which could lead to a greater risk to patients in the future. It’s absolutely critical the NMC has the power to strike off incompetent nurses. That is what the panel is there for, and for it to be running scared of the High Court like this is quite unacceptable.”
Jean Turner, of Scotland Patients Association, said: “This should be one of the watchdogs that should be looking out for patients. To strike someone off so they can’t be a nurse again is important, if it’s what’s right for patients.”
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Hide AdA spokeswoman for the NMC, which all midwives and nurses who practise in the UK must be registered with, said: “At the moment we can’t strike people off from lack of competence cases. We’re not entirely happy with it and we’re looking to try and close that gap in our powers.”
Although the NMC retains the power to repeatedly suspend nurses, critics fear it is now far more likely incompetent nurses with good lawyers will be able to get back on to wards.
The High Court ruling followed the case of Mercy Ngozi Okeke, a midwife at Queen Margaret’s Hospital in Sidcup in Kent, who challenged being struck off by her bosses despite a series of blunders..