07-08-2013

Perry v NMC [2013] EWCA Civ 145

The case concerned fitness to practise allegations against a registered mental health nurse.

The allegations arose out of his conduct towards a patient considered to be inappropriate and some of which he accepted. His view was that the Panel should have imposed a regime of conditions of practice. The Panel imposed an order of suspension. He appealed and argued that he should be given an opportunity to give evidence relating to the substance of the allegations.

That part of his appeal failed. It was held that the Investigation Committee is bound by Article 6 ECHR and both parties must have an opportunity to make representations as to the need for an interim order and such terms as are appropriate. They can make submissions as to the nature and effect of the interim order and receive evidence in relation to this. The committee is not bound to hear  evidence as to whether or not the substantive allegations are or are not well founded.