17 December, 2018

Burton v The Nursing and Midwifery Council [2018] CSIH 77

Inner House refuse Ms Burton’s appeal against the decision of the Nursing and Midwifery Council to suspend her from practice. In substance, three grounds of appeal were present. First, it was argued that the Panel acted unfairly in proceeding in the absence of the appellant. However, the Court confirmed the approach to be followed where a Panel is considering proceeding in absence and, given the Appellant had indicated no desire to participate in the proceedings, the Panel were entitled to proceed. Secondly, the findings of fact were challenged but was not entertained by the Court. Finally, the length of suspension was challenged. Whilst, the court was concerned that the period spent on an interim suspension was not taken into account. But, recognising the experience and specialism of the Panel, the Court did not interfere with the sanction. Accordingly, the appeal was refused.

Ampersand’s Paul Reid appeared for the NMC.

Opinion of the Extra Division can be found here.

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