The sanctions ladder in professional regulatory cases (PSA v NMC and Ms Namusisi)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Local Government analysis: In this statutory appeal the Professional Standards Authority (PSA) and the Nursing and Midwifery Council (NMC) both successfully argued that the decision, to impose a 12-month suspension on Ms Namusisi, was insufficient to protect the public. The case reinforces the principle that sanctions should be approached from the ‘bottom up’ but also emphasises the obligation on fitness to practise panels, in the more serious of cases, to consider, and demonstrate that they have properly considered the sanction of removal from the register when they choose not to impose it. In this case Mrs Justice Thornton felt able to replace the sanction with removal rather than remit the case to the NMC’s Panel. Written by Sarah Ellson, partner and co-head of regulatory at Fieldfisher LLP.