No misconduct found for mental health nurse charged with multiple allegations of patient abuse and dishonesty.

Laura Herbert, instructed by Rachael Davis (RCN), represented a mental health nurse accused of assaulting a patient by slapping and pushing them; and on a separate occasion lying about a patient trying to assault them, putting them into seclusion without justification, requesting the door to be locked and failing to check on them.

The evidence was based on witness testimony, but also summaries of CCTV footage from the hospital which the hospital had lost by the time of the hearing. Although the Panel admitted the CCTV into evidence, through cross examination it became clear the summaries were flawed and on both occasions the patient had assaulted the nurse first and the nurses actions were in defence of himself, and necessary and proportionate.

Of the 20 charges originally brought by the NMC, the Panel found on six there was ‘no case to answer’ following submissions, and then only two proved at the facts stage (two further charges were proved by admission). The remaining charges related to failing to document/report the incident within time, and having pushed the patient in self-defence.

Laura successfully argued that the remaining charges could not amount to the ‘serious misconduct’ required for a regulatory finding and therefore the nurse will have no regulatory findings against their name.