The defendant sits at right angles to the witness, less than 10
feet apart. Both are avoiding eye contact to the point where neck
strain seems a possibility. The defendant says nothing beyond
confirming her name and the dates she was employed. Her husband,
representing her, has no legal training but puts up a good
fight.
This is a conduct hearing presided over by the Nursing and
Midwifery Council (NMC), nursing's equivalent of the General Social
Care Council and its UK counterparts. Each month, about 30 such
hearings are held in hotels and conference venues around the UK. At
stake is a nurse's reputation and livelihood: if misconduct is
proven, the nurse may be struck off the NMC's register, preventing
them from practising again.
Two years and still waiting
The Nursing and Midwifery Council (NMC) has been investigating Amanda* since allegations of physical abuse were made against her two years ago. She recently attended her first conduct hearing, and is awaiting a second.
"It has been a long time since it happened," Amanda says. "Two years exactly. When they put the allegations to me, I was incredibly angry and hurt. I wish I hadn't given them the satisfaction of seeing me upset. But I couldn't believe what they were saying. I just didn't recognise myself in their version of events.
"I resigned on the spot. My income disappeared overnight. I've been offered two good jobs since it happened, but it's a funny situation. You are allowed to work and you don't have to disclose the investigation. But a new employer will always go to your previous employer for a reference. In my case, they gave me a good reference, but they also made sure my new employer knew that I was being investigated. So neither of the jobs went anywhere. For anyone without someone to support them the consequences could be terrible.
"My first hearing was last week. I was incredibly nervous when I walked in, and all the way through. It was awful. I had to sit there and listen to lies being told about me, and try to keep calm and not react. I just can't emphasise how bad it is. But whatever the outcome is, the NMC has done things properly all the way through. I do think I have been treated fairly.
"The length of time it all takes is one of the worst things. You have this great weight hanging over you for month after month. It takes over your life. Before this happened, I wasn't on any medication. Within a few weeks of it happening, I was on antidepressants. Now I have bleeding stomach ulcers, and I'm being investigated for breast lumps.
"It's hard on your relationships. I'm extremely fortunate in that I've been married a long time and my husband has been great. But I couldn't tell my daughter about it for a year. I felt it was shameful and embarrassing. It is not something you can talk about to anyone. It has been worse because I've had my name and my photo splashed over my local paper.
"I started nursing at 18, and I've never had a blot on my copybook. It is just as though the rug has been pulled from under me. I would never go back to nursing now, even if I were cleared. No way. But I worked all those years and I just refuse to go out this way. I don't want this hanging over me."
*Not her real name
How nurses are regulated
The Nursing and Midwifery Council (NMC) receives more than 1,000 allegations of misconduct each year, most of them from employers. About one-third of the charges relate to clinical practice issues, including failing to keep accurate records. A quarter relate to physical, verbal or sexual abuse of patients. Far fewer relate to non-reporting of criminal convictions, dishonesty, sexual harassment and bullying and behaviour unrelated to work but which "undermines public confidence" in the profession. The allegations are filtered by a preliminary proceedings committee and about one in seven is investigated by the professional conduct committee, which meets in public. In 2002-3, the committee met 370 times and considered 326 cases of alleged misconduct. Of these, 154 registered nurses were struck off the register and 66 others were cautioned.
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