The Fitness to Practise Committee of the Nursing and Midwifery Council (NMC) has found there is no case to answer against Amy Woolfson's client.
Amy’s client, a nurse, was accused of a serious sexual assault of a patient in his care. The patient gave multiple different accounts of the alleged assault to those treating her and to the police. A police investigation was closed with no further action. Nonetheless, the NMC Case Examiners determined that there was a case to answer.
Medical records obtained by the defence revealed that the patient had a long history of memory problems and was taking medication that may have affected her perception of events. At an interim order hearing after the medical records were disclosed, Alecsandra Manning-Rees persuaded a panel that there was no prima facie case against the client, allowing him to return to unrestricted practice.
Notwithstanding the view of the interim order panel, the NMC maintained that there was a case to answer against the client.
At the substantive hearing, the patient gave evidence over the course of 4 days. At the conclusion of the NMC’s case Amy successfully argued that the patient’s evidence was so unreliable that the case should be stopped at half time.
Amy's client is able to continue his practice as a nurse with his reputation intact.
Amy was instructed by Lucy Shepherd of the Royal College of Nursing.
Amy Woolfson is recognised as a Rising Star in The Legal 500 for her work in Professional Discipline & Regulatory. She represents registrants and regulators at the full range of professional disciplinary hearings, at all levels of seriousness.
