Key Facts
- •Elizabeth Ogbuanya Offier, a registered nurse, was suspended for six months by the Nursing and Midwifery Council (NMC) for dishonesty and misconduct.
- •The misconduct involved failing to disclose previous employment and an NMC investigation to a new employer, and working a shift in breach of imposed conditions.
- •The Professional Standards Authority (PSA) appealed, arguing the six-month suspension was insufficient for public protection.
- •The NMC conceded the appeal.
- •The Registrant did not appear at the appeal hearing.
Legal Principles
The principal purpose of sanctions is maintaining professional standards and public confidence, not punishment. Personal mitigation is less important than the profession's reputation.
Bolton v Law Society [1994] 1 WLR 512
In a PSA appeal under section 29, the court's role is supervisory. It interferes only if there's an error of principle or the decision is outside reasonable bounds.
Sastry v GMC [2012] EWCA Civ 623
In section 29 appeals, the court considers if the tribunal properly reached a manifestly inappropriate penalty.
Ruscillo [2005] 1 WLR 717
Where misconduct doesn't relate directly to professional performance (e.g., dishonesty), the court may attach less weight to the tribunal's expertise.
Southall [2005] EWHC 579 (Admin)
Honesty and integrity are fundamental; deliberate dishonesty and lack of insight may inevitably lead to striking off.
Theodoropoulos [2017] 1 WLR 4794
Departure from professional body sanctions guidance requires substantial case-specific justification.
Khetyar [2018] EWHC 813 (Admin)
Section 29 of the 2002 Act allows the PSA to appeal NMC decisions insufficient for public protection.
National Health Service Reform and Health Care Professions Act 2002
Outcomes
The appeal was allowed, but the case was remitted to the NMC to reconsider the sanction.
The Panel made several errors in its assessment of the dishonesty and the severity of the misconduct, leading to an inappropriately lenient sanction. While striking off wasn't the only reasonable option, the six-month suspension was not justified given the findings of dishonesty and disregard for NMC orders.