MPs call for changes to nursing watchdog after baby injured

John Healey, MP for Wentworth, took up the case of Goldthorpe toddler Vinny Duggan a year ago and urged reform of the Nursing and Midwifery Council (NMC) at a debate in Parliament in December.

An investigation by the Council into Vinny’s treatment, which left him with brain damage and other problems, found there was no case to answer.

An appeal to the NMC is not allowed.

But the Health Select Committee has agreed with Mr Healey that the Government should amend the rules “as soon as possible”.

It said Mr Healey had drawn its attention to the Duggan case which raised issues with legislation known as the Nursing and Midwifery Order, which governs the NMC’s fitness to practise cases.

The report says: “In cases where the NMC has made an initial judgment that there is no case to answer on a complaint raised against a registrant, it does not have the power to re-examine that case and apply a sanction unless a further complaint has been made within three years of the first.

“Other regulators are able to re-examine cases; the GMC, for example was granted this power in 2004.

“We consider that the inability of the NMC to review its own initial decisions is a significant gap in its powers.”

The Law Commission is currently reviewing the regulation of healthcare professionals and the Government had previously said it would wait for the commission’s proposals, which could take several years.

Mr Healey maintains the change could be done without delay by so-called secondary regulations or a new clause in the forthcoming Care and Support Bill.

He said yesterday: “Staff and patients will not understand why, and find it hard to forgive, if the Government appears to be dragging its feet over this.”

Vinny’s mother Andrea Duggan said she was delighted with the committee’s recommendations.

She said: “It’s ludicrous that there isn’t already an appeals process.

“This recommendation would only bring it in line with current times and all the other regulators.

“It is a fundamental right to appeal with anything, why should the NMC be exempt?”