Final panel decision: What should happen to a care home nurse who completed a progress report in advance? | Nursing Times

The panel considered the following to be aggravating factors in the case:

• They demonstrated insufficient insight into their misconduct;
• Their misconduct involved indirect patient harm.

The panel considered the following to be mitigating factors in the case:

• The misconduct was an isolated incident during one night shift;
• They have been working as a registered nurse for more than 15 years without previous regulatory incident;
• There was no sustained harm to patients in their care;
• They were, at the time of the incidents, in the midst of health concerns;
• There were concerns relating to the running of the home where they were working unsupported in a demanding working environment;
• They provided positive references;
• They have kept up to date with nursing practice.

The panel first considered whether to take no action but concluded that this would be inappropriate in view of the seriousness of the case.

The next panel decided that it would be neither proportionate nor in the public interest to impose a caution order.

The panel next considered whether placing conditions of practice on their registration would be a sufficient and appropriate response. The panel determined that it would be possible to formulate appropriate and practical conditions, which would address the failings highlighted in this case.

The panel was of the view they were not a risk to the public where they were working and determined that it was in the public interest that, with appropriate safeguards, they should be able to return to practice as a nurse.

The panel was of the view that to impose a suspension order or a striking-off order would be wholly disproportionate.

The panel determined that that the appropriate and proportionate sanction was that of a conditions of practice order for a period of 12 months.

The panel was satisfied that an interim conditions of practice order was necessary for the protection of the public and is otherwise in the public interest.

The conditions for the interim order would be the same as those detailed in the substantive order.

The period of this order was for 18 months to allow for the possibility of an appeal to be made and determined.

If no appeal is made, then the interim order would be replaced by the conditions of practice order 28 days after they were sent the decision of this hearing in writing.