
This midwife was unable to face appealing due to the mental health impact of her strike off order.
After years of "protracted NHS Highland disciplinary procedures adjust over 6 years of NMC hearings she was struck off the register. Once ready to face the challenge she worked hard to self litigate through the Court of Session in Scotland to try to persuade them that her case should be heard. She recieved good feedback from the High Court Judges on her submissions, but because she submitted her appeal 6 days after rate 28 day deadline as set in legislation, it was denied. The NMC strongly opposed her right to appeal, despite her being able to give strong evidence from medical professional ( GP and mental health services ) as to the reasoning for doing a late application.
Her motion to appeal was heard at an initial court case by a single High court Judge who then requested consultation with the NMC that the competance of the appeal be heard at a second date listened to by 3 judges.
As a self litigant she put a very strong case forward despite having no legal training and being against strong legal team opponents. She had the truth on her side. She was unable to afford legal representation due to being made unemployed for so many years by the process and although does work, it is in a voluntary basis and have no means to match the vastness of the legal wallet that the NMC can use against a self litigant.
Prior to strike off she had been subject to Interim Suspension Order for 6 years in total. Now despite being able to show remediation and vast insight, a dramatic change in her medical stability she is now without hope and struck off for another 5 years. Her 'sentence" will be 11 years in total, basically ending any hope of ever working in the profession again.
It all started because she raised concerns with both the NMC and mental welfare commission of Scotland following a client death - in effect she Whistle-blew.
The APPG are looking at the role regulators play in whistleblowing - lets hope lessons are learnt from this case and things change.