Key Facts
- •Mary Cascioli, a registered nurse, was subject to a Conditions of Practice Order (COPO) in 2016.
- •Between 2018 and 2019, she made numerous job applications, failing to disclose her COPO on application forms, only disclosing it during interviews.
- •The Nursing and Midwifery Council (NMC) brought charges against her for dishonesty and breach of the COPO.
- •A Fitness to Practise Committee Panel found all charges proved, resulting in her name being struck off the register.
- •Cascioli appealed the decision to the High Court.
Legal Principles
Appellate jurisdiction is a rehearing, allowing the court to substitute its decision for the tribunal's.
Sastry and Okpara v General Medical Council [2021] EWCA Civ 623
The court will interfere with findings of fact only if plainly wrong, unreasonable, or unsupported by evidence.
Casey v General Medical Council [2011] NIQB 95; R (Dutta) v General Medical Council [2020] EWHC 1974 (Admin); Perry v Raleys Solicitors [2019] UKSC 5
Decisions on evidence weight are for the fact-finder, unless no reasonable tribunal could reach it.
Martin v Solicitors Regulation Authority [2020] EWHC 3525 (Admin)
Appellate courts exercise secondary judgment on professional conduct, deferring to professional bodies but not excessively.
Cheatle v General Medical Council [2009] EWHC 645; Sastry
Impairment considers present risk and upholding professional standards and public confidence.
CHRE v NMC and Grant [2011] EWHC 927 (Admin)
Sanction must be appropriate, necessary in public interest, and not excessive or disproportionate.
Sastry
Rejected defenses of dishonesty must be assessed fairly, considering if they unfairly count against the accused.
Sawati General Medical Council [2022] EWHC 283 (Admin)
Matters outside charges are admissible for impairment or sanction if relevant and fair.
Kearsey v Nursing and Midwifery Council [2016] EWHC 1603 (Admin)
The test for dishonesty is the Ivey test.
Ivey v Genting Casinos [2017] 3 WLR 1212
Outcomes
Appeal dismissed.
The Panel's findings of dishonesty, impairment, and the appropriateness of striking off were not wrong or unjust.