Fitness to practice and renewal of registration are distinct on issue of good character (Court of Appeal)

The appellant's nurse's argument that there should be no distinction between a registration decision and a disciplinary decision on the question of good character was misguided.

The two procedures were distinct. Whereas in the disciplinary context the panel may use a range of sanctions from striking off, via suspension and the imposition of conditions to a caution; the decision on a registration or renewal of registration application is binary and does not permit of suspended or conditional admission.

It would be wrong to deprive the Registrar of the power to refuse registration where, on the evidence, the renewal did not satisfy the good character requirements. While it was correct that if a conviction would warrant striking off it would also warrant a refusal to register, the reverse was not necessarily the case. There will be cases where a conviction may be sufficient to justify a refusal to register even if the same conviction might not justify striking off.

On the substantive ground that the Registration Appeal Panel and county court was wrong to confirm the decision not to renew her registration, the Court of Appeal could only overturn the decision of the panel if satisfied that the decision was wrong. The court had to pay appropriate respect to the view of the specialist tribunal about the standards required to maintain public confidence in the profession which was an important aspect of the assessment of good character. This was the appellant's second conviction for drink driving and she was three times over the limit and the Panel was entitled to find that she was not capable of safe and effective practice as a nurse.

For more information see Practice note, Nursing and Midwifery Council overview: disciplinary and regulatory investigations.

Case: Doherty v The Nursing and Midwifery Council [2017] EWCA Civ 1344 (19 September 2017) (Westlaw).