Nurses and Midwives Practiced Despite Criminal Records Due to Regulator Oversight
The Royal College of Nursing has condemned a 'potentially dangerous regulatory failure' after it emerged that nurses and midwives who should have been banned from treating patients have been practicing for the last 12 years. The Nursing and Midwifery Council (NMC) admitted that its mistakes meant it failed to protect the public from approximately 15 professionals who should have been barred from working in UK healthcare due to criminal convictions.
How the Failures Occurred
The affected nurses and midwives disclosed their criminal convictions to the NMC when applying to join or remain on the register, which is required to practice in Britain. However, NMC staff who assessed their applications did not refer them to an assistant registrar for investigation and decision on whether they could treat patients, as required by procedure. The 15 or so individuals now face being struck off due to the seriousness of their law-breaking.
The Patients Association warned that this failure undermines patients' trust that healthcare staff are safe. The Royal College of Nursing accused the regulator of an 'astounding failure of its primary purpose to safeguard the public.' Prof Lynn Woolsey, the union's chief nursing officer, stated: 'It is a potentially dangerous regulatory failing that individuals made appropriate declarations regarding criminal convictions and/or health conditions over such a long period of time without appropriate checks to determine their fitness to practise.'
NMC's Admission and Apology
The NMC acknowledged that its failure to properly investigate 'health and character concerns' disclosed by nurses and midwives constituted a major error and apologized. Under NMC rules, any nurse, midwife, or nursing assistant must declare criminal charges, police cautions, convictions, conditional discharges, or medical conditions that may affect their fitness to practice. However, the regulator failed to properly risk-assess 434 individuals over 12 years. While most are unlikely to pose a risk, the NMC recommends that up to 15 of the 434 should be struck off.
Paul Rees, the NMC's chief executive, apologized, stating: 'I would like to apologise for the fact that for a period of 12 years we failed to ensure that all health and character declarations were assessed in line with our full process. This is completely and utterly unacceptable.' Rees became CEO last year after an independent review in 2024 found the organization beset by bullying, harassment, racism, and system failures. Under his leadership, the NMC promotes a 'speak up culture,' which led to a staff member alerting them to the failure.
Investigation and Next Steps
The regulator hired a team of paralegals to assess 18,060 applications over the last 12 years, revealing that 434 cases had not received scrutiny. Of these, 402 involved criminal charges or convictions, and 32 involved health conditions. The final decision on the 15 professionals will be made by independent disciplinary panels in the coming months.
Woolsey demanded an independent investigation into why the failings remained hidden for so long, calling the apology insufficient. Rachel Power, chief executive of the Patients Association, welcomed transparency but urged direct communication with affected patients. A Department of Health and Social Care spokesperson expressed support for the NMC's new leadership addressing historic issues, noting the thorough response and rapid review of all affected cases.
