Regulator’s decision to re-open case quashed

15.05.12 |

A nurse has successfully challenged a decision by the Nursing and Midwifery Council (NMC) which overturned a previous finding that the nurse had no case to answer with respect to a set of allegations made against her. The nurse, known as B, was represented by Steve Broach, instructed by the Royal College of Nursing.

In R (B) v NMC [2012] EWHC 1264 (Admin) Mrs Justice Lang held that the NMC had acted outside its powers in re-opening these allegations. Lang J also found that the NMC had unlawfully breached both procedural and substantive legitimate expectations that no further action would be taken against B.

The judgment is an important marker that statutory tribunals must act in accordance with the powers given to them by Parliament. Full text of the judgment is available on Bailii

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