Fitness to practise
Here we talk to people who have been a witness in a Fitness to Practise investigation when they or their family member came to harm while under the care of a health or social care professional.
There are 13 regulators in the UK which aim to make sure over 1.5m health and social care professionals practise safely. If professionals fail to meet the standards, they may face a Fitness to Practise investigation and hearing.
In the following films, people discuss their experience of being a witness in this process after coming to harm themselves, or on behalf of a family member who was seriously harmed or died.
They talk about the impact of being a witness in investigations and hearings at fitness to practise tribunals, what support they received from the regulator and what support they would like. This is important because having to remember traumatic events can be deeply distressing, and even re-traumatising, yet their evidence is often crucial.
People’s stories
P was seriously harmed during surgery and is experiencing life threatening ill health as an outcome. The fitness to practise hearing involved two public witnesses. The facts relevant to impairment were found proved, the outcome on impairment was not impaired and the registrant received a warning.
P’s story
My daughter did the referral. Sheâs whatâs called the main complainant because I was too ill.
So I went in, briefly met the barrister who was working for the GMC. Iâd asked to see him last year but they wouldnât let me. They said, âNo, youâre just a witness. Why would you wanna talk to him?â And I said, âTo make sure that heâs gonna ask the right questions.â And they said, âNo, itâs nothing to do with you. Youâre just the witness. Weâre the prosecution. And as it turns out, he didnât ask the right questions anyway.
INTERVIEWER: Did you know you were going to sit and watch the whole tribunal once youâd given your evidence?
We made a conscious decision to do that. But the GMC will only pay for the days that youâre there to give evidence, and bearing in mind we live in [TOWN], and we had to get to [TOWN] and stay in a hotel. The GMC will only pay for the one night â for you to stay overnight, go to the tribunal. They might pay a second night âcause they say âSometimes we might have to call you back for the next day, but once youâre dismissed, thatâs it, weâll only pay for those two nights.â And of course trying to get accommodation in [TOWN]⌠We stayed at the â you might know it â the [HOTEL].
INTERVIEWER: Right.
P: So we stayed there. 150 quid a night. And the tribunal was over 2 weeks.
And things like as well, before the tribunal I said, when this girl was trying to order us a hotel, and I said, âWell, is the doctor staying in that hotel?â
INTERVIEWER: Mm.
P: âCause she had to book him a hotel as well presumably. And she goes, âOh, I donât know.â She goes, âWhy, would that be a problem?â And I said, âWell, it might be interesting over breakfast with all that cutlery lying aroundâ is the way I put it. [Interviewer laughs] And she went, âOh, OK. Well, weâll find out where heâs staying then and make sure weâre not gonna put in the same place.â And she actually said, âWeâve never had anybody ask that before.â
INTERVIEWER: Hmm.
P: And you go, âWhat?â
INTERVIEWER: Yeah.
P: This guy has ruined my life! And youâre expecting me to meet him in breakfast perhaps before a tribunal, and I havenât seen him since the day he mutilated me. And youâre gonna go, âOh, is that a problem?â Er⌠just a lot!
You go in. The first thing they do is say âHow are you?â blah blah, and they introduce themselves. Thereâs three members of the panel, three ladies. They introduced themselves. And then they go⌠thereâs a load of paperwork in front of you and thereâs the oath. You talk about the oath. You know. âI swear by blah blah blah that I will do this, that and the other and Iâll tell the truth.â And then they pass it across to the prosecution barrister, who is my barrister if you like. Well, heâs not mine, heâs the GMCâs. He had no questions. Then they passed me over to the defendantâs barrister â the doctorâs barrister â who then quizzed me, rather stupidly, I thought. But he was more after a character assassination than anything else, which I thought was a bit underhand. This is a medical tribunal to actually see if somebodyâs safe or not and prove it.
I mean Iâm the one who had the bits taken out of me. I was asleep at the time.
And nobody in the tribunal went, âExcuse me, can I just stop you?â The panel should have said, âWeâre scrubbing that. Why are you asking that?â But they didnât.
And another thing going back to the tribunal, when Iâd given my evidence, of course I could now sit in the public gallery. So I sat in the public gallery listening to all the rubbish. And then the doctor was being cross-examined, and when he came in to be cross-examined, he sat there, and heâs a good actor, Iâll give him that, and before they started to question, he said, âCan I just request of the panel that I talk to [NAME] in the gallery to apologise to him? Because Iâve tried to talk to him before and he wonât see me.â And the panel went âYeah.â They didnât ask me. My wife was sat next to me and sheâs there going âNoâ. And Iâm thinking, âOK.â I didnât say anything, because thatâs like a red rag to a bull. And the panel went, âYes, [NAME], you can. I thought, âThatâs a bit of a cheek. Surely you shouldâve said something to me.â
INTERVIEWER: Mm.
P: So he turned round in the chair. Now I was 180 degrees directly behind him. He turned 90 degrees. He didnât look at me. And he looked down on the ground. And he went, [wailing] âIâm very sorry, [NAME]. Itâs been playing on my mind.â And he repeated the first two sentences of what he wrote in the Letter of Remorse. [wails] âIâll never forget your name. Iâm so sorry, Iâve ruined your life.â And then he never looked at me once in the eye, he looked down on the ground, and then he turned round to the panel and then he was going [wails] âI canât speak anymore.â And they went, âThank you very much, [NAME]. Are you alright? Do you want a drink? Do you want to compose yourself and then you carry on?â And they carried on.
How do you think I felt with that?
INTERVIEWER: Mm.
P: And I was not given the chance to reply. I was not given the chance to refuse, or anything. And I was in the public gallery, I wasnât even part of the tribunal. And yet he was allowed to do that.
The GMC contacted us and said âHave you got any questions? Do you wanna have a chat?â And we went âYeahâ. And thatâs when they came out and said âWell, just âcause youâre not happy with the outcome then it doesnât mean that weâre gonna do anything about it.â And then we started to go, âWell, what about this and what about that?â And they said, âWell, we canât answer that, we canât answer that. Due to complicated processes and legal matters, we have considered that.â And we said, âHave you considered this?â And âWe canât tell you, youâre just a witness.â
And we spent about an hour on the phone with [NAME] with [NAME] listening in in the background. It was me, my wife, my son and my daughter on a Teams type phone call, not a face to face. And they just kept coming back going, âWe canât answer that, we canât answer that.â And she just said, âWell, it seems that we canât answer any of your questions.â And of course that begs the question, what questions did you think we were gonna ask then?
Iâm ready⌠well, Iâm not ready âcause actually mentally right now Iâm at my rock bottom lowest. Weâve now got a private counsellor involved because of suicidal thoughts is basically what it is. Iâll be blunt with you. My wifeâs here listening to this, she knows. Because of suicidal thoughts now. Because weâve been fighting for three years, believing that thereâs some sort of⌠justice is one word, but reasoned people to look at this fairly and come to a decision.
INTERVIEWER: What do you think mightâve helped at that stage?
P: More positive feedback from the GMC to say⌠but they would say âWeâre not allowed to discuss it with you.â
INTERVIEWER: Mm.
P: But we felt like we were trying to lead them. And we did. But even now weâve said weâre gonna complain, theyâve said, âWhat have we missed?â And theyâre expecting us now⌠and we are, this is what weâre doing, weâre going back through all of our paperwork again that weâve already sent them, and now weâre gonna pick out paragraphs and bits and go, âWell, he said this. But then he said that. Thatâs dishonest.
And I said âItâs nothing about being happy with the outcome. This is not about me. This is about the fact that the guy now is back there working unsupervised with a clean bill of health, and he did this to three people. And youâve not picked up the problem at all.â
L experienced a heart attack after too much adrenaline was administered during a tooth extraction. The registrant was given conditions for six months around mentoring and record keeping.
L’s Story
INTERVIEWER: So then you contacted the General Dental Council?
L: Yes. So, everything was new to me, Iâd never done it before. So the experience is, I understood there was two stages basically to initiating a complaint, and itâs quite⌠what should I say⌠it was quite reassuring to find that at the stages, a fault was found, faults were found. Listed faults. And they seemed quite obvious faults really, on reflection. And those faults were identified because the General Dental Council shared the complaint with other clinicians for their independent opinion. The problem that I eventually foresaw is⌠well, I didnât foresee until very late in the complaints process, is that once youâve gone through the stages, the complaint was no longer your complaint. It was the case that the General Dental Council took the matter. And that, I think, is a very negative as a patient aspect to it all, because the independent clinicians had identified a whole list of errors or things that they disagreed with or should have been done, or hadnât been done, this kind of thing. But when it got to the barrister level, when they appointed a barrister for the matter itself, a lot of those lists were crossed off without any consultation to me. And I felt that it was my complaint, and that should have been⌠I didnât realise that it was taken out of my hand. So whatâs the point of me complaining? I then became the witness. And all of this was new. I then became the witness. That is a completely different ballgame to putting in a complaint to becoming a witness. I was wondering where is the support for that transition? There didnât seem to be any. It was all me dealing with it with the support of one of my daughters. Obviously family backup. But yes, it was quite a shock. I didnât think it was openly shared in all of the documentation that I received, when it gets to stage whatever, I think they called it stage three, I donât really know, that itâs not your complaint anymore.
And the last comment thatâs written on my dental medical record, sorry if I referred to medical, itâs dental medical records. Patient left happy. I cannot think of any reason why a medical practitioner would write that if clearly Iâd left the dental surgery distressed. And I think that was added after Iâd called back and said âlook, Iâm still having this chest problem, this heart problemâ. And I think he added that then. There was never an IT determination of when that actually was put onto their computer system.
I had my daughter, she stayed with me. Well, I was just asked questions. Obviously had to swear an oath, that kind of thing. And it was like a court hearing. What surprised me was that I felt that the barrister presenting the case was not actually that clued up. And I feel like maybe I could have done better, really.
One aspect they did say was âyou can go nowâ, as soon as Iâd done my witness presentation. And I thought, this is my complaint, why would I want to leave now and not want to know whatâs going on? Thatâs not going to happen. And I felt that they felt that they had to keep accommodating us in separate rooms downstairs, in a kind of basement area. And they had to keep accommodating us to be separate from the barristerâs team and the dentist and his wife, which came across as a bit of an annoyance that we actually stayed.
INTERVIEWER: Was there anything about it that made it easier, or anything that you and your daughter did that you thought that helped?
L: Maybe just like texting people on our phones, communicating with the outside world. Bearing in mind that we were in a basement for hours. You canât just walk out. Because I had to be there. In my mind, I had to be there 24/7, however long. We were just committed. I canât even remember eating meals out. Lunch was quite tight, Iâd say, so we did take food into our little room, which was quite different. During the hearings, because I said that they were tight on space, which surprises me, because like you said, the public can go in. We were put in with some of the recording people. So it was interesting having little chats with them.
L: My daughter⌠I didnât expect her to come with me to be honest. But I was grateful when she did. And she said that⌠and I get emotional about this. She said âI wonât let you go through that ever againâ. But⌠sorry.
INTERVIEWER: Itâs alright.
L: But thatâs what she said. âI wouldnât let you do it on your ownâ. I think it stressed her a bit, because sheâs got young children. And because my husband is self-employed, thereâs an impact on our income if heâs not working, which isnât taken into consideration.
We knew it was the last day. I think that the decision, from memory, the decision was given there and then, I think. I think you get called back in for the decision. And obviously, I felt that it⌠obviously, I didnât want him struck off. I didnât want him struck off at all. Thatâs not my incentive. I did want him to some more repercussions for what he did. He did get something like six months mentoring and having to fill a certain thing about his recording. Which, like I said, I felt a bit let down, because there was no questions about why he didnât do an x-ray, all those kinds of things, which had been listed. Why he didnât offer antibiotics. Why the clinicians hadnât detailed all of this.
I felt a bit let down, because there was no questions about why he didnât do an x-ray, all those kinds of things, which had been listed. Why he didnât offer antibiotics. Why the clinicians hadnât detailed all of this. There was no questions about that. But if a patient says to you that Iâve a medical problem, Iâve got heart palpitations and chest pain. You postpone what happens to the next person waiting to come in. You deal with the medical incident. And this is my argument, thatâs happening. You cannot present a case that you only have 15 minutes for her, and she had to get out, which is how I was treated. And I think he should have had to answer for everything that was identified by other clinicians. What was the point really of consulting them if they donât take up every aspect of what they think. Thatâs what I was thinking about.
His argument, which really annoyed me was that he claimed it was an emergency appointment, and therefore he was time-limited. And he also claimed that the time limitation was set by the company.
So, thereâs all this complex stuff about the company and the individual dentist. I understand that appointments can be time limited. I understand that. We have it throughout GPs or wherever. But if a patient says to you that Iâve a medical problem, Iâve got heart palpitations and chest pain. You postpone what happens to the next person waiting to come in. You deal with the medical incident. And this is my argument, thatâs happening. You cannot present a case that you only have 15 minutes for her, and she had to get out, which is how I was treated.
Richardâs son had mental health problems. He was sectioned under the mental health act and later died of a drug overdose. Following the advice of a member of staff at the NHS trust, Richard made a complaint about two of the doctors involved in his sonâs care to the GMC and then to the Parliamentary and Health Service Ombudsman. One of the doctors was struck off the medical register.
Richard’s story
The first thing I think I need to do is just explain who I am and what I am very quickly. And my experience is that for the last 45 years Iâve been a professional investigator. So, from 1974 to 1990, I was a police officer in the [PLACE] Constabulary. Virtually for all my service apart from the first three years, I was on the CID. And I got to the rank of Detective Inspector, so I dealt with lots and lotsâhundreds and hundreds of serious investigations. So, I was used to collaborating with people. So, Iâm used to high-intensive investigations, which you have toâhow do you collect the evidence? How do you treat witnesses? How do you present that evidence?
So, I first made a complaint to the GMC in March 2014. And I can still recall that when you had to go online, you had to do it, and you had 300 words to describe what your complaint was like. And that was it. So thatâs what I did. I followed up with a further complaint for a second doctor in July 2014.
On the 30th of June 2015, I got a letter from the GMC to confirm the case examiners concluded that they did notâthat it did not need to take any further action against the second doctor, Doctor X. I couldnât understand it, because this was the doctor that failed to comply with the Section 117, which was a statutory duty written into [TRUST] policy documents and all the rest of it. So, I strongly disagreed, and I sent them back an email. I then decided that Iâd have to continue with this. So, I then made a complaint to the PHSO regarding both doctors and what had happened to meâthe behaviour of [TRUST]. Because it felt so outrageous. So, I provided a file of evidence for them as I would have done for any criminal prosecution that Iâd done in the past. 28th of the 4th 2016, I thought the PHSOâthey did a very good investigation. They published the report and most of my complaints were upheld against both doctors. There was a clear duty by the second doctor, there was a duty of health and social services to provide aftercare to patients whoâd been detained under Section Three of the Mental Health Act. And he didnât do that.
I got an email from this [NAME] at GMC. He informed me that a tribunal hearing for Doctor [NAME], which was the first doctor, would take place on the 26th of October 2016. So, I thought, âWell thatâs good news. Thatâs heading in the right direction.â So, as it got closer to that date, I thought, âWell this is strange, Iâve not been warned about coming to give evidence. I donât understand whatâs happening, really.â And what happened was, on the 20th of October 2016, I was advised by email from the GMC that my evidence in my sonâs case would not form any part of the GMC case against Doctor [NAME].
I really couldnât believe it. And this was six days before the hearing was due to happen. So, I challenged this. I said to them, âWhy has this happened?â And they said, âThereâs only a few days before the tribunal hearing. Whatâs happened is, after you made your initial complaint, the employers were contacted, and then they sent us some more information.â âSo, what happened was we kept on with the employerâs side of things, and your part of the complaint was dropped.â This was never explained to me before this. I couldnât believe it, and I said, âBut this is a live case. This shows you what practice was like. Itâs clinical practice.â âI donât understand why you still canât present it as being an example of how this clinician works with patients.â They said, âNo, sorry, itâs too late. Weâve spoken to the solicitor. Itâs not gonna be part of the hearingâ and âSorryâ, and thatâs about it.
So I just reallyâI felt just let down completely And they hadnât even informed me. So I was beginning to become a little bit annoyed with the GMC.
And even when they did try and contact them, they just ignored me for months and months and months. Like the emailsâyou know, Iâd send them an email and you get no reply. And I had about five or six different people firing at me from the GMCâwho are you? Why are you contacting? It was just, instead of one person, which is your port of call, if you had something going on, if it was a police matter, youâd have one person dealing with itâofficer in the case. So I had to say to them, âCan you stop randomly sending me all this, because youâre quite clearly not all gathering any information and being aware of the whole picture?â âYouâre just looking at your little bit and youâre not looking at something else.â And I couldnât believe how unprofessional they were. For an organisation that is doing this all day every day.
So what I did was, I actually foundâso on the 30th of the 5th, 2017, Iâd found online the Fitness to Practise Investigation Manual, which is 131 pages, and it was written by [NAME].
And this then set in all the things they should do, their system under SYBIL, all the things that they have to do. The way that it processes. And it was a minefield, really, because when I started to read thisâthey hadnât done half of what they should have been doing in the process for me. I just couldnât understand it. And the more I looked, the more I found that they justâthey hadnât followed any of the processes or procedures under this manual. So I found it quite interesting, and I sent them an email to explain what paragraphs and where I thought theyâd not done it properly. And I think they then realised they had somebody that was gonna cause them a few problems and issues because not many people have found this document, or understood what was going on. So I then had a meeting on the 9th of June. I went to the GMC and I saw [NAME]. Very nice young lady, sat down and explained it all and I explained what my issues and problems are. On the 15th of the 6th, a letter from [NAME], explanation of the changes made to the complaints process and my complaints against Doctor [NAME] and the second doctor and the GMC. So she wasâI had a very nice meeting with them, they apologised, they said, âYes, it wasnât done very well, we should have kept in contact with you.â âThe second doctor, weâve had an expert look at it and Iâm afraid we canât do anything apart from a presidentâs review.â So, I said to them, âWell look, the PHSO are contradicting your expert.â
So that was the end of that. That was the end of the complaints. They still refused to investigate. So, I made a complaint against the expert that theyâd used to say, âWell Iâd like to make a complaint against his behaviour and the fact that heâs a doctorâyouâve relied on him to provide you with evidence to show whether this doctor under investigation had done the right thing or not.â âAnd Iâve now shown to you, and youâve agreed to it that his report was inadequate, unsound and didnât stand up to scrutiny. Youâve now finally admitted that. So what are gonna do?â So they said, âNo, weâre not doing anything.â
I was so incensed by their behaviour that I thought right, I know what Iâll do, Iâm gonna write to the chair of the GMC. So on the 13th of July 2020 I wrote a letter to Dame Clare Marx, whoâs unfortunately since deceased, she was the chairperson of the GMC, to explain about my complaints and the way that the GMC had treated me.
Itâs been a catastrophic, unprofessional, just dreadful experience of trying to make a complaint against two doctors. And what happened was the Chief Executive of the GMC intercepted this and said, âWe will not be sending the letter to the Chair. I will discuss it with her and thanks very much and goodbye.â And that was the end of that. So, thatâs really a whistlestop tour of what happened. And of course, all of this is just suppressed by the GMC. I canât go anywhere else. The only thing Iâm now considering to do is actually make a complaint to the Charity Commission. Because the Charity Commission says two things. And I canât remember where Iâve put it now, but basically you can make a complaint against a charity if theyâre not doing what it claims to do or theyâre harming people or three other titles. So, my view is theyâre actually harming people, because theyâre not doing the job properly, and the second thing is, theyâre not doing what they claim to do, which is protection of patients.
Dâs face was burnt when the dentist used equipment from the steriliser. Due to Covid restrictions, the hearing was delayed for a long time, then finally took place online. The dentist was suspended for 9 months and is now back as a fully registered dentist.
D’s story
D: I didnât want this to happen to anyone else. That was it, really. That was the bottom line. I didnât want anyone else to have to go through this at all.
I was quite surprised when they asked me to go and be interviewed. But that was fair enough. I was quite pleased at that point, because they were obviously taking it seriously. I was quite happy to go and give my evidence to them. But I thought once Iâd done that, it was going to be over fairly quickly. And I think that was within a few months of me making the complaint to them that they interviewed me.
I did have a contact at the General Dental Council. But she was more of an admin person really, not really an emotional support. The other thing with that was that the person kept changing. There were two or maybe three people by now. And they just disappeared. The first one went, and I was told that they were being replaced by someone else. But after the hearing, I heard from someone different. I didnât really feel supported emotionally.
One of the things I found upsetting was that the dentist said âif she didnât get the injury by you doing this, how did she get this injuryâ, and the dentist said âit must have been inappropriate aftercare. I donât know what her home life is likeâ, indicating that I might be dirty, that I hadnât looked after my health properly, which was unpleasant.
I would have liked to have attended the rest of the hearing, but I wasnât given the option. I wasnât told when the hearing resumed, I kept looking on the website. And I would have liked to have heard all of it.
And I got the result of it, pages and pages of it. I think there were 58 pages sent to me by email with their findings. A lot of it was redacted. So I couldnât actually see it anyway.
But the whole episode, I still find quite upsetting thinking about it, because of remembering how he treated me and the pain and everything about it. I would have just liked it to be over quicker. I would also have liked to have been there and seen or heard everyone elseâs evidence, whoever else they called, because I donât even know that. I think thatâs it really. They could have offered me some emotional support, but I donât know if thatâs available.
INTERVIEWER: So what would have liked to have happened? What would have made the process better for you?
D: What, the whole thing? If it had been quicker, because it took such a long time. Obviously, I wanted it to be over. I wanted to close that part of my life. In a way, itâs not actually closed because I am scarred. I have the scar on my lip still which I see every day. So itâs not over. Itâs never going to be over for me. And I have difficulties going to the dentist.
Sarah referred the midwife who had sent her home instead of to hospital. Her baby died and the registrant was issued with a caution order.
Sarah’s story
Sarah: And itâs just like, it just felt like the NMC was a machine. So itâs like, âThis is what we will do, this is our policy, we will get back to you in âX weeksââ and then they would never get back to it in the time they said, so then Iâd be constantly chasing them to ask what was happening. It was really hard to get information about anything that was happening over the long, long time scale, because it was all personal to the registrant and secret because it was about the Trust and it couldnât be public knowledge, and so even though it was my baby, I wasnât allowed to know what was happening.
It just felt like it was torture, because it was prolonging my stillbirth, I guess, because youâre having to keep it at the front of your mind all the time. And I donât know, the people who deal with the referrals and triage, they didnât feel like real people. They felt like computer people, because they had no empathy and didnât⌠They just didnât act like normal human beings.
So it was kind of stalled for months and months. And so Iâd sent a summary of what had happened and Iâd sent documents that the Trust had sent to me. And then after nothing had happened and everyone was getting back to me when I got in touch with the lady who was at the Public Support Service who was attempting to set it up, I asked her why I couldnât have just given my statement months ago, even though they werenât yet investigating it, just so that I could have got my statement done while it was fresher in my mind, and so that I didnât constantly have that on my mind as something that needed doing.
The bit where they communicated me was when they sent someone out to take my statement. And they did come to my house which was good. But it was weird, because it was just me saying the same things Iâd already written down for them anyway.
And then they went away and typed it up and then they sent it back and then theyâd obviously made lots of mistakes from what theyâd written, so I had to correct it all, send it back again and agree that I was happy with it.
But what I thought at the time, that that was the statement that would be used at a hearing if it went to a hearing. And I didnât realise that they pick bits out and redact bits and that it wouldnât actually all go to the panel when I got to the hearing.
The NMC put us in a hotel with some other witnesses, and it was the barristerâs witnesses, and we hadnât realised. And it was someone that I actually knew from a toddler group, and it turned out she was a midwife support worker, and she was the one who spoke to me on the phone the first time when Iâd phoned up and asked to speak to a midwife. And I hadnât even cottoned on that it had been her. So to suddenly see her in the hotel when it was someone from [CITY] that Iâd spoken to in toddler groups. And then watching her give evidence. That shook me up quite a lot. That was very weird. It feels like thereâs not a lot of thought that goes into it. Everyoneâs just treated like a piece of evidence. Because if they were thinking of you as a person, they would think, âCould it be difficult being in the same hotel as these people? Could it be difficult walking through the entrance hall?â âCould it be difficult having students watching it?â And no one seems to be considering those personal type questions. Itâs just all about the fact and the charges and the pieces of evidence. And thatâs all the wrong way around for healthcare. Because healthcareâs all about how youâre made to feel.
And then that was it. But we wanted to stay for the whole two weeks. Partly because it was all about dishonesty and my midwife was trying to say that I was lying, whereas I knew that she was lying.
And the Trust wouldnâtâ tell me anything about their internal investigation, so I was desperate to know what she was actually saying. Like I didnât know if sheâd changed her mind and if she was gonna say, âYeah, I did lie and Iâm really sorryâ, or if she was gonna be stood there saying that I was a liar.
Or if she was gonna come up with excuses. And I felt the only way of me knowing more about what had happened was to stay and listen to the hearing. And it was about [NAME], so I wanted to stay.
So, yeah, we then had another two weeks in [CITY] that we had to sort out for ourselves. But Iâve got a cousin who lives on the edge of [CITY], so we stayed in his spare room. So we used the NMC train ticket to get there to [CITY] and we went back for the weekend home, and then we paid for our travel to [CITY] the next week. And my parents basically moved in and looked after my three children for those two weeks. Again, we were just really lucky that theyâre both retired and that they could do that.
But it was a nightmare logistically and the girls werenât happy that we were vanishing. Because they were still quite little.
I just thought I would give my evidence and they would respect that and then that would be my bit done.
INTERVIEWER: How long were you giving evidence for?
Sarah: So it was nearly two hours, mine was. We did have a break in the middle. But it wasnât a very good break because I basically just ran out of the room. I couldnât take it anymore, and I couldnât get out of the bloody room, because theyâre these stupid swipe doors that you had to swipe, so it got to the point where I couldnât take it anymore and I just wanted to run out of the room and looking back, obviously the panel, the Chair should maybe have spotted that and suggested taking a break.
So then someone else had to come up behind me and try to swipe me out, and then I couldnât remember where I was going and I was running up this corridor trying to find this room where we had to sit and wait and [NAME] wasnât with me, because he had to be totally separate from me the whole time I was giving my evidence. So I hadnât expected it to be that long. I think it felt really confusing, because they have the massive bundle of evidence papers, and I hadnât beenâIâd asked to see it before and hadnât been allowed to see it. And they kept telling you to turn to whatever page. And if the barrister disagreed with something I was saying, heâd be like, âWell on page this, this and this, this is what you said.â And it just seemed ridiculous, like all the questions I was being asked. Like, they were making a big thing of whether the midwife had put me on hold. Or just asked me to hold the phone. And he was arguing about the wording I was using for that, and saying that in page whatever of my statement it said sheâd put me on hold, but actually she didnât put me on hold. And just, it was like he was picking on every little thing to try and confused. And I think just the fact that he blatantly didnât believe me. I hadnât expected that. Or, well maybe he did, but itâs his job to not believe me, or to make everyone else not believe me. So, itâsâI think itâs hard not having a representative, because you canât talk back and argue back for yourself, so it felt like the barrister could say whatever he wanted, and try and like tear me apart and make out like I was a bad mum and that I didnât care about my children and that I was too busy to go and do what the midwife said. And that I wasnât listening, but I wasnât allowed to say no or to give any evidence about myself that proves that I do always take healthcare professionalsâ advice, because the trial wasnât about me. It was about the midwifeâs Fitness to Practise. So itâs really weird, because he brought up all this evidence about what a good character my midwife had, so she couldnât possibly be lying. But I wasnât allowed to present any evidence to show that I have a good character.
It was really weird. I think it was just really empty because weâd been focused on the hearing and the investigations for like, more than two years. I donât think Iâd properly had time to grieve [NAME] because Iâd just been thrown straight into investigations and hearings. And then it was done and she had got a caution. But they hadnât agreed that she was being dishonest, so I was angry at that. And I was just really angry about the whole process, and I kept having nightmares about the barrister cross examining me. And Iâd have nightmares about him screaming at me that my baby was dead and it my fault. I was still getting phantom kicks and it felt like [NAME] was kicking me. And that carried on for quite a long while. It was hard to focus on the girls.
And I knew I should, and I know Iâm lucky Iâve got three girls who are alive. But you still miss the ones that arenât there, donât you? And it was the summer holidays, so the hearing was in the last two weeks of school before the summer holidays. So it just felt almost like there was no let-up, because I was then into toddler and little girl craziness for five weeks with no break of getting them to school.
But I felt really let down by the NMC, because their whole purpose is supposed to be to protect the public, isnât it? And make sure their people are fit to be on the register. But actually, by doing their process to see if that midwife is fit to be on the register, theyâd caused us a lot of harm.
I felt really let down by the NMC, because their whole purpose is supposed to be to protect the public, isnât it? And make sure their people are fit to be on the register. But actually, by doing their process to see if that midwife is fit to be on the register, theyâd caused us a lot of harm. In a lot of ways I wish Iâd never put myself and my family through it. And I donât think Iâd have gone into it so quickly if Iâd realised how many years and how much hurt it would cause.
J’s story will be added here soon.
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N was sexually assaulted by a male nurse while she was sedated following a shoulder operation at a private hospital. The nurse was struck off after a Nursing and Midwifery Council (NMC) hearing.
N’s story
N: And I had the op on my shoulder and then after the op, obviously youâre very medicated. The painkillers after being put under and woken up again. And I was left in a room with a male nurse. By myself, very heavily sedated. But I remember him, when I kind of woke up, and he had his hand between my legs. So that was the incident that I reported. I was unsure for quite some time but I knew that I couldnât be unsure because of how strongly I felt about it and the memories that kept coming back. I was distressed at night. I was physically sick. I could have maybe put it down to the medication but I couldnât. There was just something that I knew it had happened, and it was making me â it was consuming me. And then I wasnât sure how often it had happened, because I only remembered one incident, and I was knocked out. So, if I was asleep or medicated, he could have done it multiple times and I didnât know. And it was a lot. So, I picked up the phone and I phoned the hospital and I spoke to the head nurse and basically thatâs how I raised the complaint.
So, after I reported it, going back a few years now, so memory could be a bit hazy, I felt obviously distraught with the case, and knowing that I had to go through a hearing at the council in [AREA] describing what happened. It was a tough time, I think I was still emotionally fragile from what happened and dealing with everything, and then again, like I said, having to speak about it in a public space. Obviously, my worst nightmare anyway, that I had to talk about something so personal and traumatic. It was a lot.
And I think I just had the worst-case scenario in my head, just building it up. When I got to [TOWN], I was a bundle of nerves, but when I was there I was really put at ease with the caseworker and being led into the room beforehand, before anybody was there, so I wasnât shocked or overwhelmed by anything. So, I could understand where Iâd be sitting who would be speaking to me, who else would be in the room, if there was going to be a recording, and that really helped. So that kind of broke down that barrier. And then just understanding what was going to follow. It was really helpful, so when I was actually in the room with everybody in there, there were no shocks, an everybody was very understanding about the case, and how they questioned me, the tone, descriptions, I just thought that from end to end everything was well thought-out and they cared and took care of me.
My manager went with me, because my mum wasnât â at the time, she was living in [COUNTRY]. I didnât really talk about it to my family and friends, really, just a select few, and again I just kind of boxed it in. I just wanted to keep it separate from that. So like I said, I spoke to my manager about it and with her background, she came with me to the hearing. And yeah, was there. A familiar face, I guess, in the room, which is helpful.
I think we sat down after the hearing, so I guess we had a liaison person who welcomed me and took me into the room before the hearing and just kind of looked after me for the day, and then afterwards we just sat down and discussed next steps, what to expect. You know, she was really praiseworthy and she said, âYou were really thorough in what you were talking about,â and I guess it was with the help of my manager to do that. And me and my manager went for a coffee in [TOWN], and spoke about what just happened, and what to expect for the outcomes, and they said he might come back to appeal, he could not get struck off, he could get â all the outcomes. And just preparing ourselves for if we need to do something like this again, if he did appeal.
So, I felt in a better place, I guess, because I spoke about it. I guess itâs almost therapy, talking about it in a public place, and talking about it to more people as well, so I felt like Iâd moved on a little bit with it, but I was still carrying a lot of trauma inside from being violated, because, you know, itâs totally out of your control.
INTERVIEWER: What sort of advice would you give to somebody who is thinking about making a referral about a health professional or any other professional, like a social worker?
N: I just feel that if you have that feeling that something inappropriate happened, I wouldnât ignore it, to the extent that it kind of affects your ability to function because sometimes if you let it get that far, thereâs no coming back. So, if you do think something inappropriate happened, speak to the hospital. Thereâs always a number on a website about a complaint and how to raise it.
Maybe my experience was a bit different because it was a private hospital, but Iâm sure if it was NHS it wouldnât be any different. Just pick up the phone and speak to somebody and youâll get help, the right kind of help and that would start the process, even to speak to somebody as well. And donât keep it to yourself, again thatâs really not the way to proceed. Speak to a member of family, a friend, and the hospital or a professional that you want to make the complaint to. I think thatâs the right thing to do.
You know, theyâre the caring profession, so I feel like that should be at the forefront, making sure that the person is supported and the NMC is there to help them through the whole process, whether it is just to speak to them about their complaint or taking it even further, I feel like there should be a face the person can speak to, pick up the phone to and just be spoken to end to end for the whole process, because it can be very overwhelming if you donât have that background, somebody who knows about how these things work. You could just withdraw your complaint, because it can be a really intimidating space to be in and talking about things again. It can be quite traumatic.