The following Corporate Crime practice note produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row provides comprehensive and up to date legal information covering:
The panel is invited to consider the indicative sanctions guidance in every case. As each case will be fact specific, the panel has the discretion to depart from the sanctions proposed within the guidance. However, reasons must be specified for any such departure.
This is the least severe sanction. Committees are not required to impose a sanction in every case and having made a finding of impairment of fitness to practise a panel may decide to take no further action. No further action may be decided where there is relatively minor breach of the code of conduct, which has been fully admitted and remedied. It is only in rare cases where taking no action will be appropriate and in general registrants whose fitness to practise has been found to be impaired should be warned to expect a sanction of some sort to be applied.
The NMC Indicative sanctions guidance to panels does state that the Practice Committee panel, should have in mind, when it is considering this sanction, in finding current impairment, that it has concluded there is a continuing risk to patients, and/or the nurse or midwife's failures bring the professions into disrepute, and/or they have breached one of the fundamental tenets of the professions.
The NMC expects that panels will usually need to take action to secure patient safety,
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