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Sarah Simcock has successfully represented a nurse facing twelve allegations of physical abuse of learning disabled adults in a care home and of making inappropriate and derogatory comments to members of staff. Following a five day case the NMC found the nurse not guilty of professional misconduct.
The timing of the case meant that the NMC was required to satisfy the criminal standard of proof and the Panel found that it could not be satisfied that the abuse or comments had taken place, or that if comments had been made that they were inappropriate in the circumstances. Finding that the nurse was a more credible witness than her former colleagues who made the allegations, the Panel also commented that the witnesses' memories had faded since the events allegedly took place, towards the end of 2001 and that there were inconsistencies in their accounts such that the Panel could not reasonably rely upon their evidence.
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