THE NMC AND THE PERSECUTION OF NURSES

il_170x135_390238589_2bhkAs a young nurse, I well remember a standard procedure of the old type of matron/nursing officer when becoming aware of a nurse making a relatively minor drug error; giving 100mcgs instead of 125mcgs, 25ml instead of 50ml, a different but very similar medication within the same class of drug, not giving a medication, giving without signing; the list is extensive, and concerned non-life threatening errors that were genuine mistakes, not purposeful acts. The senior nurse would mostly give the ‘offending’ nurse a verbal caution, telling them not to repeat the mistake. End of matter. Senior nurses realised that ‘to err is human’, and simple errors, honestly admitted to, were not a hanging matter. One old girl told me of several medication mistakes she had made in the distant past, and of some advice she had received from her venerable predecessor, which was to treat staff as if they are human, who, when under pressure, are prone to making mistakes, and, before being too judgemental, always consider if you were without sin yourself before picking up a stone to cast at them. This worked. It was a practical and humane way of treating people. Very good and caring nurses did not face career-ending punishments for minor infringements of best practice.

These memories came to mind when I examined some of the recent petty charges the NMC deals with, at great cost, I may say, with panel members receiving over £300 per hearing. It made me want to puke. How have we allowed a cabal of politically correct, holier-than-thou ‘absurdities’ to be the judge and jury of nursing? I use the term ‘absurdities’ pointedly, in that when we stop being human we truly become absurd. We become even more absurd when we judge a nurse on the accusations of an employer, without considering whether the accusations are malicious – a way of getting rid of a troublesome employee.

Cases often rely on the ‘evidence’ of other nurses, whose impartiality is not questioned. On the NMC’s ‘hearings and and outcomes’ website there is a ‘destruct button’ to press by anyone who wants to report a nurse, even anonomously! This is euphemistically called ‘make a referral’. ‘If you are concerned about whether a nurse or midwife is fit to practise, you can make a referral using one of the referral forms below: If you are a member of the public, please use the public referral form … If you are an employer of the nurse or midwife you wish to make a referral about, please use the employer form … The third parties referral form should be completed by professional organisations or individuals wishing to make a referral to us in their professional capacity … This may include … a police officer making a referral on behalf of the police. (Don’t get a caution for using cannabis!). Although the nurse or midwife needs to be aware of the identity of a complainant, we respect patient confidentiality. At hearings, identities are usually kept anonymous’. The ’employer form’ asks ‘What happened? Please describe what happened. There may not have been one major incident, but rather a series of small events over time. Provide as much information as you can, and if you require more space attach a separate piece of paper and reference it here’.

This is nothing more than giving an employer a retrospective right to dig up dirt (either real or fictitious) about someone who is not bowing and curtseying low enough. One ‘small event’ involved some poor sod of a nurse being accused of the heineous crime of using an employer’s computer to make a complaint about the employer! Who said that farce is a dying British art? What a power of Damocles it is to tell a nurse their ‘small events’ are being recorded!

One recent case I revued charged a nurse with a whole catalogue of alleged offences, (apparently) committed over a three year period (why was it take three years to make a complaint), including (apparently) not adequately investigating concerns about a patient (apparently) raised by colleagues. I could not see evidence of concrete proof of these allegations. I was of the strong impression that an employer might have coerced other nurses to compile a dossier on someone who was a member of the ‘Awkward Squad’.

Before the all-nurses-are-saintly tendency shout out that nurses would not deliberately falsely accuse another nurse, let me tell them to put the proverbial sock in it. Before I left the active ranks of nursing, it had become more obvious than ever that the petri dish of nursing was being cultured by a particularly back-stabbing form of nursing low life (which had always existed, but kept under check), intent on securing their job by being the poodle of so called ‘nurse managers’, a euphemism for someone who implements the cost-cutting, staff-shredding business plans of their masters.

These ‘winesses’ attend NMC hearings, often unattended by the accused nurse, to give testimony that is not subject to any court-level degree of cross examination. That is, the NMC operate in a quasi-legal way without the burden of proof required in a civil court, yet their ‘sentences’ (striking off orders) can have disasterous consequences to those found guilty.

Clearly, such ‘witnesses’ should be rigorously questioned on behalf of the defendant, who may not be in a union, or too intimidated to attend the hearing. This does not happen, and nurses are ‘lynched’ on nothing more than unproven accusations. Proof of guilt is not confirmed by an accuser having a colleague (which could be a friend) ‘corroborating’ the accusation.

I remember a case in which a care assistant came to me and confessed that she had been “made to lie” at a NMC hearing, by a manager who had falsely reported a nurse, who was having an affair with the husband of the manager’s best friend. Any spiteful person with a grudge can connive with others to concoct a case against an innocent nurse. Just press the NMC’s ‘destruct button’and get your friends to lie. Just press the NMC’s ‘destruct button’and get your staff to lie.

Dearhearts, if you imagine that nursing is a 25 year (mortgage paying) career, dream on. It has become nothing more than a conveyor belt, fed by the nurse lecturing industry, which delivers a new supply of cannon fodder when the previous fodder has been shot to pieces by continuously working short-staffed and being back-stabbed by ‘colleagues’ and ‘management’.

Like Houdini, the nurse industry hides these facts from the dewy eyed new student, who is told that there is a 90% plus chance of getting a first nursing job. In the UK, such statlies are based on government ‘projections’ of likely employment, which, in any case, are only for 6 month contracts. No one (outside of America, that is) is considering where the newly qualified nurse will be in five years time. Let me tell you. In a First World War analogy, those that make it to the long-term ranks, are continuously sent out of their trenches, to face a constant barrage of bombs and bullets. To get off with only being maimed is a blessing. The ‘officers’ of nursing who send them out are far behind these trenches, inhabitants of a cosy manager’s office or lecture room.

The holier-than-thou NMC ‘generals’ are anything but superior, of course. I have previously shown that ‘the NMC deploy 8 out of its 660 staff (annual salaries = £25 million) to check nursing certificates for a PRC stamp – ‘Detective Superintendent Simon Barraclough, who led the (Chua) investigation, … said, “I have no confidence in the qualifications he has provided via the Professional Regulation Commission” (which verifies the qualifications of nurses) … a source close to the Stepping Hill case said: “Vetting of nurses in the Philippines is very, very poor. A lot is done on the word of the Philippines regulatory authorities. They rely on stamped documents as proof of proper qualifications. This is why police can’t be certain that Chua’s qualifications are genuine.” Another said: “We can’t be certain that the Philippines’ Professional Regulation Commission has exercised due diligence with regard to the NHS. Once you have a PRC stamp, you are more or less guaranteed a job in the UK’ (nursebloginternational.wordpress.com/2015/06/17). The NMC may as well employ the office cleaner to check certificates.

A nurse slave trade based on lies and deception. The NMC just look for an authentic looking (often forged) stamp. I have given links to websites that promise ‘impossible to detect’ forgeries of nurses’ identification, university transcripts and IELTS certificates. The reponse? Silence. They have taken their £117 fee for ‘processing’ these documents (“This one looks OK, Ethel, put it in the pass box”), then send the applicant to almost inevitably pass a ‘practical test’ that is not of an Olympic High Jump standard, and is easily negotiated by anyone who has had even a modicum of nursing experience or coaching.

I have compared this to the fact that ‘the US government has established rigorous steps for assuring that foreign nurses entering the US workforce are qualified to do so. The 1996 immigration law requires that all foreign nurses undergo a screening program that verifies that their education is comparable to that of a nurse educated in the United States, their nursing licenses are valid and unencumbered, they have proficiency in written and spoken English, and they have passed a test of nursing knowledge, either the CGFNS Qualifying Examination or the US licensure examination. CGFNS was named in the 1996 immigration law to conduct the screening program, and through its VisaScreen Program, protects the US public by ensuring that the credentials and nursing knowledge of foreign nurses are comparable to those of nurses educated in the United States.(See: Illegal Immigration Reform and Immigrant Responsibility Act, §343, codified at §212 (a)(5)(c) of the Immigration and Nationality Act, 8 USC §1182(a)(5)(c) (1996)’.

Dearhearts, most nurse lecturers I have known would not pass these exams!

This brings me to this point: A perusal of NMC hearings (July/Agust, 2015) reveals that of 69 striking off orders, 26 of them concerned nurses with decidedly African/Indian names, the vast majority of which will be recent arrivals from these places. The NMC state that they do not record in a judgement a nurse’s country of origin, as they consider this ‘racist’. This is hogwash. The UK government records all UK citizens’ country of origin/ethnicity in its Census forms. Are they being racist?

When I reviewed some charges overseas nurses, including those of not keeping a fluid ballance chart on a patient with problems of hydration, I was left flabbergasted by the sheer ineptitude that the defendant was accused of. As a first year student, in times long past, I would have had strips torn off me by a nursing sister for not doing such very elementary procedures.

My question is this. If the NMC issue a striking off notice to a foreign nurse, do they then undertake a proper investigation of that nurse’s certificates?, perhaps using a professional agency, as employed in many American States, which is easily affordable out of the NMC’s subscription receipts, as is their £25 million annual wage bill. I imagine they do not, under the smokescreen of not wanting to be ‘racist’, but, in reality, because they do not want the public to know that the net by which foreign nurses pass into the UK is made of elastic. That is, their masters, the government, do not want people to know this.

There is Something Rotten in the State of Nursing. The NMC needs to be removed and replaced by a democratically elected body (one not appointed by the Privy Council Establishment), which severely filters out complaints based on sheer hearsay; does not take the word of employers as gospel, and provides the accused with free legal representation, paid for out of nurse registration fees, rather than such fees paying for the London lifestyles of a vast army of superfluous staff.

The checking of overseas nurses’ qualifications needs to be done to an American standard, again to be paid for by registration fees.

Nursing unions should represent nurses, not the NMC Establishment, and vigorously oppose the role given to employers in the ‘revalidation’ of nurses, which is nothing more than a charter to pronounce on the life or death of a slave.

Nurses should combine with solicitors to make counter claims of malicious prosecution and defamation of character.

Nurses should form a ‘Victims of the NMC Support Group’ to challenge the validity of NMC sentences.

POWER TO NURSES!

lenin nightingale 2015

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17 thoughts on “THE NMC AND THE PERSECUTION OF NURSES

  1. Lenin Nightingale is absolutely right in his summing up of the NMC, its relationship to employers and unions.
    The NMC falls foul of the basic human rights of nurses going back to the Magna Carta up to the EU Human Rights Act today. The core system is set to ruin lives based on the strength of hearsay that is not open to be challenged as it would be in open court. This is an affront to the human rights of nurses.
    The NMCs core attitude creates the conditions that encourages corruption & connivance amongst employers & accusers and disaffected colleagues. It shuts down effective openness & whistleblowing damaging patients and careers This worsening state of affairs is costing lives as nurses leave a post rather than report.
    For those who are victims of the NMC there is a CLOSED support group on facebook ‘Victims of the NMC’ No employer or patient names are used but nurses know that others are there and will support them having either gone through the process or are going through it. There are opportunities for groups to meet up for coffee. It is amazing what the NMC is getting away with!
    We need solicitors who will take on a test case of malicious prosecution and defamation of character. The High Court is the only place where this quasi-legal court can be stopped
    Well done lenin for taking on the battle for nurses, lets hope others will join. – I have

    • Another group is NMC Nurses and Midwives Condemned where you will be welcomed. No censorship. No criticism. You are free to say anything to like minded nurses who have gone through NMC torture.You are not alone, we are here to give nurses support

  2. Your words are a salve to my experience. I whistle-blew serious seclusion abuses at a forensic LD hospital in 2010. The hosital eventually fired me in 2012 for looking at one victims clinical file (legitimately) for “too long” referred to the NMC whose external solicitor returned and spent months inventing a new charge …1. complaining without the victims consent and 2. writing the complaint on my home computer. Following my persistent complaints throughout the NMCs 2013 investigation the CQC finally raided the hospital a month after my Feb 2014 substantive hearing that condemned me to a further 18 months of career crushing practice conditions. The CQC found the serious abuses as originally complained about on the day i.e….with calm patients secluded not knowing why they were secluded or when they were to be released. The hospital was given 6 months to improve. The improvement programme was co-coordinated by the manager who fired me and who had declared under NMC oath that he had never heard of the earlier whitewash internal inquiry that my complaints triggered AND WHICH HE CO-COORDINATED..along with the consultant who had ordered one of the seclusions complained about and only wandering in after 7 hours and ordering jabs anyway for the girl who had been calm all afternoon counting blood spots on the wall from her earlier head banging. My sentence (in total 3 years practice conditions) was up last August but the NMC extended it for another 6 months because of my “attitude” problem (protesting my innocence) and to protect the public. The CQC lead inspector for the raid rang me last May…thanked me and wished me luck with the NMC. A couple of weeks ago two cops called and warned me about the effect of my Facebook comments in respect of my “tribunal”. We now have the “Thought Police” doing intimidation on the part of the “inner party” NMC. The NMC has become a prosecution service coordinated by lawyers for the benefit of lawyers.

  3. The NMCs new code came out a month after my hearing. Section 5.4 describes how “confidentiality” is now trumped by safeguarding particular where PII is shared only with the service. This code was prompted by East Staffs Francis and the Winterbourne Bubb inquiries. The current situation sees the NMC promoting patient abuses by clobbering the legitimate whistle and reinforcing the actions with additions that would make George Orwell wince. In my case the NHS case was hopelessly weak case but via the best private external group of solicitors available.. Morgan-Cole LLD they created something they thought more prosecutable.

  4. The NMC say that nurses can appeal. At what cost approx £7000 and lawyers want payment upfront at every stage.
    NMC accept the word of disgruntled employers NMC 1 – 0 Nurses
    NMC accept dubious witness statements NMC 2 – 0 Nurses
    NMC make nurses unemployed NMC 3 – 0 Nurses
    Appeal costs £7000 not available to above NMC 4 – 0 Nurses
    NMC make threats against nurses NMC 5 – 0 Nurses
    NMC have every step legally bound up so they win every step

  5. The NMC used some of the honest responses I have made on twitter against me in the kangaroo court hearing that I was unable to attend due to a family death. They are also using tweets in my appeal in the high Court at Leeds next week

  6. Fuzzy Duck twitter won her NMC appeal case with the help of a solicitor- rightly so. (2016)
    Here is Lenin Nightingale’s response;
    “Victory to the brave!
    A difficult battle has been won!
    Employers and their henchman can be defeated!
    My heartfelt congratulations!”

  7. NMC readiness to prosecute any old allegation dreamed up by any abusing institution creates a climate of impunity insurance. The message is “you allege it we’ll prosecute it to the max”.. in my case in the absence of anything prosecutable the NMC “investigator” dreamt up his own i.e. “complaining without the seclusion victims (locked for 9 hours in head banging blood smeared seclusion walking around board calmly counting blood smears then unnecessarily ordered jabs before carried out and refusal by nurses to reassure mum because victim unable to give permission) consent”. NMC concerned about my lack of remorse despite CQC ringing me in 2015 to confirm my original complaints. NMC obsessed with grandiose projects like revalidation and completely forgetting core function purpose along with its moral compass.

  8. The NMC is an archaic quango beuarcratic corporation which makes millions of pounds and a mockery of the profession.
    1. What is the point of paying for a DBS when your character and good conduct requires revaluation.
    2. What is the point of quantifying 450 hours work to “all knowing regulators. What exactly are they doing with the annual subscriptions.
    3. The NMC needs to reflect on its own practices and understand the impact it has on people’s lives and their ability to put bread on the table.
    Nurses are being denigned to join the breadline due to their double standards and failings as regulators.
    Figure this out you actually have to pay £300 plus every year for the privilege of being on the register. Is it realy worth it?

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