Mary Cascioli v Nursing and Midwifery Council
[2024] EWHC 1109 (Admin)
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
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.
[2024] EWHC 1109 (Admin)
[2023] EWHC 1406 (Admin)
[2024] EWHC 2835 (Admin)
[2024] EWHC 2991 (Admin)
[2024] EWHC 2825 (Admin)