NMC – Allegations Of Out Of Scope Practise And Dishonesty

A nursing registrant faced an NMC referral over two unpaid clinical shifts performed after her formal NHS Trust employment ended. Jon Meadows of Regulation Resolution Solicitors prepared the defence, focusing on the registrant’s professional development motives, the absence of patient harm, and direct consultant supervision during the shifts.

Jon Meadows documented supervised practice, appraisals, and reflective learning, highlighting no clear NHS prohibition on post-employment clinical work and the registrant’s ongoing professional development despite personal challenges. The defence also noted her unblemished 20-year career with no complaints or referrals.

Applying the NMC’s regulatory tests, Jon Meadows demonstrated that the allegations lacked sufficient seriousness to constitute misconduct or impairment of fitness to practise. He emphasised the registrant’s insight, risk mitigation measures, and minimal risk of repetition, concluding no further regulatory action was necessary.

The case examiner accepted the position, allowing the registrant to continue her career without restriction.

What this means if you’re facing similar allegations

Whether conduct crosses the line into misconduct depends on context, seriousness and actual risk — not on the label attached to it. Demonstrating supervision, absence of patient harm, insight and a long unblemished record can show that no regulatory action is warranted. If your conduct is being questioned, careful application of the regulator’s own tests may resolve matters early.

Facing a NMC case? Learn more about our Nursing and Midwifery Council (NMC) defence services, or contact us for a free case evaluation.