ES was a band 8 (b) and one of six nurses in a controversial case arising from the death of CS in July 2013 in a bath whilst an in patient in the care of Southern Health and the findings of a CQC inspection of the same unit in September 2013.
Having dismissed a number of charges at the close of the NMC’s case, on day 45 of the hearing the panel found none of the remaining charges proved.
A significant issue arising from the case was the failure by the NMC to provide its witnesses, including its expert witness, with exculpatory documents. At her disciplinary hearing ES had produced a large number of internal Southern Health documents and also e mails detailing her work commitments in 2013, the difficulties others in Southern Health were having in resolving issues around training, IT, governance, and her efforts at the time to resolve these. Significant concessions were made by NMC witnesses in light of these documents.