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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Madam, I need advice by looking in the the Publice

Customer Question

Dear Sir/Madam,
I need advice by looking in the the Publice Body Law as the Nursing and Midwifery Council (NMC) has refused to register my wife an a nurse to practice for conviction in 2006 " Alien Failure To *****/Document at and ASYLUM interview with homeoffice.She was detained and give her three days to produce her document. She was unable to produce within three days as she was detained not allowed to go home or to her Sierra Leone Embassy. The documents were produce later after three day. She pleaded. She was given Indifinate Leave Remain in UK later as she was right who she said she was. She was sentence for 6 months imprisonement.
Before she started the nursing she informed the University about the criminal conviction and CRB was obtained by the University and her conviction was reviewed by the University Panel. She was allowed to study for three years as her conviction will not implicate her good practice.
She is presently working at the Southampton General Hospital. She also informed the Hospital about the conviction too. Practice Panel was called.
They too came to conclusion that she was fit to practice after obtained the CRB by the hospital.
Her three years studies was supported by NHS.
She has been given 28 days to appeal.
Therefore, we may like your advice in the Public Body Law.
We belive she has been treated unfairly.
to allow her to study for three years and fund her university for the three years of her study.
will shoul be allow to Register has the NMC made a mistake
The University supporting letter that they too were informed of her conviction was send to the NMC.
The NMC has also advice use to seek Legal Representative. and given us 28 days to appeal by 14/01/15
I am so sorry for the Bad english.
Thanks
Jonathan ***********
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
Why did she not disclose this? Was she convicted of anything?
Customer: replied 11 months ago.
HI Alex
If u read my message again i mentioned that she declosed the conviction at every stage.
Expert:  Ash replied 11 months ago.
So it was only right at the end they said she was not fit to practice?
Do they assess fitness beforehand or right at the end?
Customer: replied 11 months ago.
They assess fit beforehand or taken u to do nursing at university. The university also work together with NMC and the NHS as the couse is fundered by them. The on take those whe are fit to pratice.
Customer: replied 11 months ago.
Phone ***********
Expert:  Ash replied 11 months ago.
Did they do any CRB (DBS) checks before she was accepted?
Customer: replied 11 months ago.
Hi Alex
Yes they did the CRB (DBS) before she started her studies. When the DBS came the University held a Panel to assess her fitness. They came to conclusion that she was fit to pratice.
Customer: replied 11 months ago.
Her present work place Southampton hospital do DBS before given her job.
Expert:  Ash replied 11 months ago.
So has anything changed between when she was first accepted until now?
Customer: replied 11 months ago.
Non thing change. No new conviction at all.
Expert:  Ash replied 11 months ago.
Have they given her the option to appeal?
Customer: replied 11 months ago.
Yes to appeal with in 28 days by 14/2/16
Expert:  Ash replied 11 months ago.
Ok thanks for the background. What would you like to ask me about this today?
Customer: replied 11 months ago.
Judicial review.
To ask the NMC to review there decision.
I belive they are u fair to reject my wife at the finial stage.
There have been inform from the start.
CRB was done .
She is not risk to the public.
She was only asylum seeker
Customer: replied 11 months ago.
Can she appeal
Is there chance to win if appeal
Expert:  Ash replied 11 months ago.
Yes she should Appeal and if that fails seek a judicial review. If they were going to reject her it should have been when she started and applied not when it was completed.
This is ridiculous and unfair. It's wrong to let someone do a course and then reject st the end when circumstances have not changed whatsoever. So yes she should appeal and if that fails consider a judicial review. This is where a judge considers the decisions taken and sees whether they are reasonable and legal.
The judge can agree with the decision or remit it back for further consideration. But she needs to exhaust all avenues of appeal before a judicial review can be sought,
Can I clarify anything for you about this today please?
Alex
Customer: replied 11 months ago.
Hi Alex,
Thank you for you advice. I need a solicitor to appeal for me.
Can you recommend any solicitor to do the appeal for me?
my local address*****Eastleigh
SO50 5ES
Expert:  Ash replied 11 months ago.
Bernard Chill & Axtell
Tel:023 80613197
Gammon Piercy & Gaiger
Tel:07766120541
Richard Webster & Co Limited
Tel(###) ###-####4583
Taylor Fordyce Ltd
Tel(###) ###-####4900
Knight Polson Limited
Tel(###) ###-####4822
Does that help?
Alex
Customer: replied 11 months ago.
thank you every so much
Expert:  Ash replied 11 months ago.
Good luck
Alex
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