Mum of Toby Nye allowed to keep nurse job after gambling cancer fundraising cash in £100,000 fraud

The mum of Toby Nye has been allowed to keep her job as a nurse following a tribunal hearing.

Stacey Worsley - who has been a registered nurse since 2009 - was handed a two year suspended prison sentence at Leeds Crown Court in March after the court heard she lost around £140,000 on online gambling sites between January 2017 and March 2018.Worsley, of Osmondthorpe in Leeds, faced a Nursing and Midwifery Council Tribunal which heard she had gambled money over a period of 15 months.

She told the tribunal her offending took place at a time of 'extraordinary and tragic set of circumstances'.

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Worsley - who was working in a new role as a Senior Health Care Assistant - 'apologised to the panel repeatedly' and said 'that this was an extremely difficult time' in her life.

Stacey Worsley SWNS

She expressed remorse and accepted full responsibility for her actions.

Worsley is training to become an Emergency Nurse Practitioner and 'aspires to work again within the nursing profession', the panel heard.

The tribunal was told she was 'a good nurse, with positive references from a number of colleagues'.

Worsley was suspended last April but has now been given a further suspension from nursing for 12 months as of February 2020.

Aggravating factors submitted by the panel included the £100,000 fraud, the period of gambling and Worsley's 'dishonesty'.

In mitigation, the panel said 'these were exceptional and tragic circumstances' and 'all monies had been returned to the donors'.

The panel 'considered this to be a very serious matter' and was mindful not to allow the emotional aspect of the case to 'outweigh their objective consideration of the public interest'.

The panel ruled that striking her off would be "disproportionate and overly punitive".

The facts in this case were 'unique and tragic', the panel submitted.

In conclusion, the panel found: "Balancing all of these factors the panel has concluded that a suspension order would be the appropriate and proportionate sanction taking account of all the circumstances in this case.

"The panel determined that a suspension order for a period of 12 months was fair, appropriate and proportionate in this case to mark the seriousness of your actions, and provide you with the opportunity to further reflect on your conduct and its impact on others.

"It also considered that this maximum suspension term with review is in accordance with the principle that a registered nurse should not practise during the term of a suspended sentence. It also concluded that there is a public interest in allowing a clearly competent nurse to return to practise at the appropriate time.

"The panel noted and took into account that you have been suspended since April 2019.

"It also noted the hardship such an order will inevitably cause you.

"The panel was conscious of your personal circumstances, both at the time of the incident and today.

"However these are outweighed by the public interest in this case.

"The panel considered 13 that this order is necessary to mark the importance of maintaining public confidence in the profession, and to send to the public and the profession a clear message about the standard of behaviour required of a registered nurse.

"At the end of the period of suspension, another panel will review the order. At the review hearing the panel may revoke the order, or it may confirm the order, or it may replace the order with another order."

Toby Nye was diagnosed with neuroblastoma, a rare form of cancer, when he was aged four.

When NHS treatment failed, the family started an appeal via the JustGiving website to raise £200,000 for further treatment.

With the support of the public and Leeds United, the total was reached in January 2018 and the treatment went ahead.

Stacey Worsley was contacted for comment.