Scott Smith successfully defends Army nurse facing 45 charges of professional misconduct brought by the Nursing and Midwifery Council

28 February 2022

Scott Smith defended a Community Psychiatric Nurse who held the rank of Staff Sergeant. They faced 45 charges of misconduct (including sub-charges). The charges included creating false entries in medical records, backdating entries in medical records, delivering psychiatric care when unqualified, fabricating appointments and discharging patients from the care of the Department for Community Mental Health (DCMH) when it was not appropriate to do so.

The NMC closed their case after two weeks of evidence from Commissioned Officers who were tasked with investigating the concerns. After extensive cross examination and a submission of no case to answer, 13 of the charges were dismissed. Three of the four remaining backdating charges were amended to remove the allegation of falsehood. The backdating charges were then admitted.

The Registrant gave evidence over the course of 2.5 days.

At the close of the Facts stage the Panel found 28 charges NOT proved. In relation to the main dishonesty charges, the Panel referred to evidence adduced during Scott’s cross-examination of the NMC’s witness when reaching their decision. The remaining four charges related to backdating only.

At the Impairment stage Scott submitted that these remaining charges did not amount to misconduct and that the Registrant’s fitness to practice was not impaired. The Panel found that there was no misconduct and as such there was no need to consider impairment.

Scott was instructed by Andrew Andrews and Rachel Kelsey of VWV.

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