Scandal-hit nursing regulator accused of covering up critical internal review
Exclusive: The Nursing and Midwifery Council under fire again in wake of series of investigations by The Independent
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Your support makes all the difference.The beleaguered nursing regulator has been accused of covering up a secret report raising concerns about its failure to act over rogue nurses, The Independent can reveal.
Fresh calls have been made for a parliamentary inquiry into the Nursing and Midwifery Council – which is responsible for overseeing nearly 800,000 nurses, midwives and nursing associates in the UK – after it refused to publish the results of an internal review highlighting new failures to protect the public.
Senior staff at the NMC carried out an investigation this year into how the regulator had handled dozens of serious allegations against nurses and midwives after whistleblowers raised concerns last year.
The Independent revealed in 2023 that the scandal-hit watchdog was not fit for purpose, prompting it to admit a series of failings and commission two independent probes, one of which was carried out by top KC Nazir Afzal with its findings published in July.
The Afzal review found the NMC had taken seven years to strike off a nurse who had been accused of sexually assaulting a patient and colleague, and in a separate case did not take action against a nurse accused of accessing child pornography. It also warned that the regulator was endangering the public due to its toxic culture.
The Independent understands the latest internal review found that the NMC is still failing to adequately consider restrictions on nurses’ and midwives’ practice when they’ve faced serious allegations, such as sexual misconduct, and child abuse.
The regulator’s board’s papers also reveal this review found a “failure to identify and act on safeguarding concerns”.
When asked by The Independent when this internal review would be published, the NMC confirmed it does not intend to do this.
Mr Afzal blasted the decision and warned it appears that, in spite of his review, the regulator has “not understood the need for greater transparency in their dealings”.
The revelation is the latest in a series of investigations by this paper since last year exposing concerns that a toxic culture within the watchdog means whistleblowers’ warnings over failed regulation are ignored.
Campaigners and leading figures have called for further scrutiny of the regulator.
Concerns have also been raised that the NMC’s most senior nurse, Sam Foster, who publicly declared she was a whistleblower this year, is now absent from work.
Ms Foster is the executive safeguarding lead for the NMC, and the announcement of her absence this month came after a safeguarding review was finished in September.
Two other whistleblowers left their roles this year after raising serious safety concerns.
Following The Independent’s revelations, the NMC commissioned two independent probes. The first by Mr Afzal found a toxic and dysfunctional culture at “every level” and an organisation that turned a blind eye to serious sexual, physical and racist abuse.
The second independent probe, by Ijeoma Omambala KC, was due to be finalised this year but has been delayed.
Following initial requests by The Independent about when the internal report will be published, the NMC said: “While we don’t intend to publish these, they inform our reporting to council on safeguarding.”
After further queries from this paper, the NMC said it would consider The Independent’s request to share the report under the Freedom of Information Act. It has identified similar concerns to Mr Afzal’s review, The Independent understands.
Mr Afzal said: “I am disappointed they have appeared not to have understood the need for greater transparency in their dealings particularly given the low level of confidence in the regulator among those they regulate.
“I certainly think that further scrutiny of progress against the recommendations is required in the absence of an oversight committee... perhaps the health and social care select committee might want to carry out an inquiry.”
NHS race quality and culture expert, Roger Kline, who has carried out major reports for the NHS, told The Independent: “I never fail to be astonished at the failure of NHS organisations to be transparent.”
He said a 2013 report commissioned by the government recommended that all data on quality and safety should be shared in a timely fashion with all parties who want it.
“I cannot see, for the life of me why this should not apply here,” Mr Kline added.
In a statement the NMC said: “Like any organisation, we do internal work to support learning and improvement, and this is reflected in our public reporting to our governing council.
“We committed at our last council meeting to publishing a quarterly update from our safeguarding board and this will be online shortly. We will also publish our updated approach to safeguarding at our open council meeting in March.”
Cathryn Watters, a nurse and campaigner who represents registrants against the NMC, told The Independent: “We know that safeguarding is the highest risk on the NMC risk register so it is extremely concerning that this is not going to be put in the public domain.
“The NMC need to be held to account and stopped now from continuing to damage our profession. It is time the government stepped in and did a thorough review.”
Following the Afzal report, the minister of state at the Department of Health and Social Care (DHSC), Karin Smyth, said in a letter to whistleblowers: “Failure to deliver is not an option... You have my assurance that we will closely monitor the NMC’s current and future response.”
A DHSC spokesperson did not comment on the internal report or allegations over the treatment of whistleblowers by the NMC but said it expects the regulator to have robust processes to manage safeguarding or misconduct.
The spokesperson said it is clear the NMC must take firm action following the Afzal review and that ministers have held a number of meetings to seek assurances.
The Professional Standards Authority, which regulates the NMC, said: “This year’s performance review of the NMC is still in progress. We expect to be able to give an update on our plans to report on the NMC’s performance in January.”
The NMC also said in recent months it has established several initiatives including a safeguarding hub which is currently looking at all new referrals, an independent advisor from the General Medical Council to help improve its work, and several other advisors to work on its fitness-to-practice process.
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