Is the NMC above the law

Response to this request is long overdue. By law, under all circumstances, Nursing and Midwifery Council should have responded by now (details). You can complain by requesting an internal review.

Dear Nursing and Midwifery Council,
Many nurses are whistle blowers and as a result of this are referred to the NMC by vindictive employers. However in some cases records have been falsified to try to frame the nurse. i.e medicine charts signed when the accused nurse is off duty & has evidence of being miles away.
In these cases when the police & CPS have cast iron evidence of the records being false they end all investigations against the nurse.
However the NMC refuse to end the 'investigation' against the nurse despite the NMC being sent the evidence. The nurse is put through further psychological abuse by the NMC

Q Does the NMC consider itself above the law?
Q If not Why does the NMC insist on pursuing the case even when the CROWN Prosecuting Service says there is no evidence?
Q Does the NMC pay damages for psychological harm done to nurses going through the Fitness To Practice process?

Yours faithfully,
Ann Ditch

Foi & Dpa Request, Nursing and Midwifery Council

We acknowledge receipt of your freedom of information/data protection
request.

 

The statutory timeframe for responses are:

 

o Freedom of Information requests - 20 working days;
o Data Protection requests - 40 (calendar) days.

 

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Thank you.

 

Nursing and Midwifery Council

23 Portland Place London W1B 1PZ

 

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Deepa Shah, Nursing and Midwifery Council

FOI/2016/493

 

Dear Ann Ditch,

 

Thank you for your request for information from the Nursing and Midwifery
Council (NMC). Your request was received on 17 November.

 

You made the following request under the Freedom of Information Act.

 

“Many nurses are whistle blowers and as a result of this are referred to
the NMC by vindictive employers. However in some cases  records have been
falsified to try to frame the nurse. i.e medicine charts signed when the
accused nurse is off duty & has evidence of being miles away.

In these cases when the police & CPS have cast iron evidence of the
records being false they end all investigations against the nurse.

However the NMC refuse to end the 'investigation' against the nurse
despite the NMC being sent the evidence. The nurse is put through further
psychological abuse by the NMC

 

Q Does the NMC consider itself above the law?

Q If not Why does the NMC insist on pursuing the case even when the CROWN
Prosecuting Service says there is no evidence?

Q Does the NMC pay damages for psychological harm done to nurses going
through the Fitness To Practice process?”

 

The FOI Act entitles a requestor to any recorded information held by a
public authority.  We do not therefore consider that the above request is
valid under the FOI Act.

 

Please see the following guidance from the Information Commissioner’s
Office on making FOI requests:

 

[1]https://ico.org.uk/for-the-public/offici...

 

In particular, you may wish to note the following paragraph:

 

Your request can be in the form of a question, rather than a request for
specific documents, but the authority does not have to answer your
question if this would mean creating new information or giving an opinion
or judgment that is not already recorded.

 

I appreciate that this response will be disappointing but I hope it offers
some clarification.

 

Kind regards

 

Deepa Shah

FOI and Data Protection Officer

Business Delivery and Technology Services

020 7637 7181 (switchboard)

 

Nursing and Midwifery Council

23 Portland Place

London W1B 1PZ

[2]www.nmc-uk.org    

 

 

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Revalidation for nurses and midwives is here. Find out more at
[7]www.nmc.org.uk/revalidation

 

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