The annual NMC Fitness to Practice for the NMC, this year, gave interesting data on appeals.

If a nurse or midwife wishes to appeal the decision at the end of the investigation their only option is to do so through the courts - High Court. Often they will have to do this as a self litigant as they can not afford private representation nor do many unions support appeals regularly.

This financial year 23 cases were taken to the High Court and appealed
13 were upheld ie won 

In other work by the NMC a pilot showed 50% of cases referred to the NMC do not meet the threshold to require regulatory investigation. Yet as this was a pilot nothing more has been done to review current cases and determine if they are appropriate.

If a nurse has been struck off the register and managed to overturn this at appeal they can apply for costs. However they are only allowed to claim £19 / hr spent on case preparation opposed to what the NMC can claim ( approx £192/hr ) for their legal teams work. Many nurses hold senior positions so on average will be a band 6 - 7. Their loss of earnings will never be replenished by any costs awarded at appeal, but for them it is not about finances - it is about clearing their name. Their professional career will often never be regained back to the level they were before.

This must have impact on patient safety - experience practitioners being removed from the workplace at a time more than ever when we are desperately short of such resource. 

We have 5 members of NMC Watch who have all won appeals after lengthy NMC investigations. Only 1 has returned to the workplace in a nursing position.