The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses.
Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all reasonable precautions etc. was not available against offences under the Regulations. The request for a review was very much out of time, and was in any event hopeless. The offences were such that they were properly considered misconduct by the Council. The applicant had failed to acknowledge his own personal responsibility for the acts of those he employed, and the appeal was dismissed.
Judges:
Pill LJ, Maurice Kay LJ
Citations:
[1998] EWHC Admin 624
Links:
Statutes:
Nurses Midwives and Health Visitors Act 1979 13, Registered Homes Act 1984 18, Nursing Homes and Metal Nursing Homes Regulations 1984 12 15, Supreme Court Act 1981 31(6)
Jurisdiction:
England and Wales
Citing:
See also – Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting Admn 18-Jul-1997
The applicant complained of having been struck off the register of nurses. He said that when he told the court that he wanted to appeal he was sent forms appropriate for a judicial review. He amended and submitted them. In correcting him, the court . .
Cited – Regina v The Professional Conduct Committee of the United Kingdom Central Council ex parte Wood and Thompson Admn 19-Feb-1993
The applicant sought to appeal against findings of professional misconduct as a nurse.
Held: Buckley J set out what was meant by a rehearing within the rules governing the Council’s disciplinary procedures: ‘Rehearing is to be understood as it . .
Cited by:
See Also – Balamoody v UKCC for Nursing Midwifery and Home Visitors EAT 15-Oct-1999
The claimant had complained that a decision of the respondent to cancel his nursing home registration was unlawful racial discrimination. He now appealed a decision to strike out his claim as vexatious and frivolous.
Held: It was not clear . .
See Also – Balamoody v UkCC for Nursing Midwifery and Home Visitors EAT 5-Dec-2000
The claimant’s claim of unlawful race discrimination had been dismissed as an abuse of process by the EAT. The Tribunal now considered whether the EAT had power to make such a decision.
Held: The 1993 Regulations were more generous to . .
See Also – Balamoody v United Kingdom Central Council for Nursing CA 14-May-2001
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him . .
See Also – Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting CA 6-Dec-2001
The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 09 December 2022; Ref: scu.138745
