The 60-year-old nurse who wants to remain anonymous had a number of accusations quashed at a Nursing and Midwifery Council (NMC) hearing on 1 July 2022 after undergoing several years of ‘stress, anxiety and embarrassment’ when accused of serious sexual misconduct.
His employer, Greater Manchester Mental Health, referred him to the NMC in 2016 after two patients made allegations against him. The charges included incidents of him performing sexual acts and touching them inappropriately, whilst on duty as a mental health nurse.
As a result, he was subsequently made the subject of bail conditions, which amongst other things prevented him from working with vulnerable people and going to his workplace.
In September 2018, the Crown Prosecution Service (CPS) decided it was unable to proceed with the case as the patients who made the allegations withdrew their police statements.Consequently, the trial that was scheduled to commence on 1 October 2018 at Manchester Crown Court collapsed. However, the employer and NMC continued with their respective investigations.
Then in January 2020, he was dismissed for gross misconduct. Following an appeal process ordered and supported by RCN Regional Officer Matthew Harris against this decision, the member was reinstated in December 2020 after it was found he was wrongfully dismissed.
RCN Legal Officer and Solicitor Saima Haq, who worked alongside barrister David Wood of 25 Bedford Row, added: “Whilst this is the outcome we all wanted for our member, it never should have taken seven years to clear an innocent man’s name.
“An unusual aspect of this case was that the RCN requested medical records which were vital in securing his acquittal. This took a further two years of protracted negotiations which added to his trauma. Hopefully now, he will be able to move on with his life and progress in the career that he loves.”
Regional Director for the RCN in the North West, Estephanie Dunn said: “The RCN is here to support our members through the toughest of times. Our experienced regulatory and employment law and officer teams have used their skills and knowledge to support our member through this complex case and have got him the right outcome.
“The NMC and employers must always protect the patient however it is clear that there have been some failings in this case from the employer along the way. We would hope that they review their processes as a result as they do also have a duty of care to protect their staff from harm.”
The nurse in question says the closure of this case will allow him to move on and continue in his valued career, he said: “This case against me has given me significant stress and anxiety over a number of years. Not only this, it has also been a huge embarrassment for me and for my family. The allegations have been particularly painful to comprehend.
“Facing uncertainty for so long about my job, has also been a worry. I couldn’t even celebrate my recent milestone birthday. These accusations could have completely finished my career and ruined my reputation and so I am grateful that I was able to call upon my RCN membership and get the legal and professional help and support that comes with it when I needed it. I am forever grateful.”
