Awomolo -v- Nursing & Midwifery Council [2008] ALL ER (D) 95 (Sep) [2008] EWCA Crim 1900 

Prior to qualifying as a nurse, the appellant had pleaded guilty to offences of dishonesty. He informed the Nursing & Midwifery Council (NMC) of the offences and was subsequently referred to its Professional Conduct Committee. Although the appellant had a number of positive testimonials, the Committee found that his fitness to practise was impaired as his conduct would undermine the public's perception of the profession. The Committee made a striking off order.

The appellant appealed against the sanction on the basis that it was disproportionate. In dismissing the appeal, the court held that there was no error of law in the decision of the Committee in the instant case, and it was established law that particular respect has to be given to specialist panels or tribunals that have had the benefit of hearing first hand evidence.

Teresa Murphy is a barrister in Blake Lapthorn's Professional Regulatory team. Please contact her on 0207 814 5403, or email her at teresa.murphy@bllaw.co.uk

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