‘I thought I was dreaming – this couldn’t possibly be happening’

When mental health nurse Adam* was told two patients had made serious allegations of gross misconduct against him, it felt like his world was falling apart.

“The police knocked at my door,” he recalls. “I was so shocked. I thought I was dreaming and this couldn’t possibly be happening. There aren’t the words to express how I felt.”

He had been suspended from work while the allegations were investigated by his employer, but he’d expected to be cleared and back doing the job he loved, rather than facing criminal proceedings.

Two years later the court case was dropped when both patients withdrew their statements, but it took another four years for Adam to finally clear his name, when the accusations were quashed at a Nursing and Midwifery Council (NMC) hearing earlier this year. “My family has been very upset by everything too,” he says. “It’s had a huge effect on everyone, causing so much stress and anxiety.”

The RCN supported him throughout, providing free legal representation and employment relations expertise. “From the beginning to the end, the RCN has been there for me,” says Adam, whose nursing career spans more than 30 years. “I’m so grateful for everything they’ve done. These false accusations could have completely finished my career and left my reputation in ruins.”

These kinds of cases are complex, incredibly difficult to deal with and can be catastrophic to individuals

RCN Regional Officer Matthew Harris has supported several members facing similarly difficult circumstances over the years. “At one point, had he been convicted, this member was facing a lifetime in prison. He would have been financially ruined and his life destroyed,” he says. “It’s very difficult to fight back against a false accusation. How do you prove something hasn’t happened?”

While there’s no universal guidance setting out how an investigation should take place, many employers have a general procedure they follow, says Matthew. “Serious allegations should be subjected to an almost forensic level of investigation,” he says. “Good policies should include scope to re-examine information and evidence, alongside providing expert witness testimony.” 

In practice, this means all the available evidence should be presented for consideration, rather than taking a selective approach, and every potential witness should be interviewed, rather than relying on statements taken by others, including the police.

Unfortunately, there were clear failings in this case, says Matthew. These include evidence-gathering of an extremely poor standard, with limited disclosure at the initial hearing stage, hampering a fully transparent and fair process. 

“These kinds of cases are complex, incredibly difficult to deal with and can be catastrophic to individuals, both personally and professionally. That’s why it’s so important they are handled professionally throughout,” says Matthew. “It’s also vital for patients and employers that any allegations are investigated properly, with thorough procedures. While patients must be protected, there is also a duty of care to protect staff from harm.” 

Now Adam has been able to revalidate and is back on the NMC register, working as a mental health nurse again since the spring. “It’s such a huge relief that my name has been cleared,” he says. “It’s been a long journey. But now I have my life back.”   

*The nurse’s name has been changed to preserve his anonymity.