Although unsuccessful the judge in this case gave important observation on the case and suggestions for how things could be improved in order to ensure fairer process.

Firstly, the time spent on interim suspension does not count towards the period of suspension. Secondly, a nurse with a valid appeal point could be discouraged from raising an appeal due to a fear that doing so would prolong their absence from work.

In order to alleviate those concerns, the court suggested that the NMC may wish to consider the question of whether time spent on interim suspension should count towards any period of suspension imposed as a sanction. It observed that there are other areas in law where an interim order is imposed pending completion of procedural steps. In those circumstances, the underlying principle is that reasonable procedural steps taken by a party, such as a right of appeal, should not have an effect on the total sanction which has been imposed.

It also brings a debate around what or who makes the NMC implement the changes suggested by these High Court Judges - does anyone or any organisation ensure recommendations are followed to improve a fairer process?