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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50167
Experience:  Qualified Solicitor
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Briefly......I am a registered mental nurse. 15 years ago

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Briefly......I am a registered mental nurse. 15 years ago a male colleague was investigated 3 times in the course of a year regarding sexual relations with female psychiatric patients. He was removed from the ward where he worked, but faced no further sanctions, which shocked everyone who had known about the case against him. About 2 years ago he became "eligible" to work on the ward again. I raised the issue with the head of mental health services, who warned me that I could be sued for defamation because this nurse had been found to have no case to answer, and there were no documents relating to the matter. I told the ex-ward manager who had led the investigations and had actually kept her dossier. She told the had of service and the dossier was "dealt with appropriately". But not before I copied it (in breach of all sorts of data protection laws and probably my own employment contract). Do you have any advice for me?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can you please clarify what specific queries you have in relation to this?
Customer: replied 2 years ago.

Hi Ben

I want to know my legal position if I present the copy I made to someone like the Care Commission or NMC, or even my health board's current CEO, for review. One of the female patients in the case was only 17 when she was admitted to the ward.

The issue is that whilst you can present this information, it may not be accepted and worse still – you may get into trouble for the way you obtained it.
The fact that there is a dossier in existence does not mean that these bodies would accept it as formal evidence. They would decide whether that should be the case and if they really wanted to they could refuse to use it in any way and take the matter no further.
At the same time you run the risk of being penalised or disciplined for the way you obtained the files, where you have admitted you breached data protection principles and possible your contract too. So even if you had meant well and were trying to raise valid concerns about someone else it does not mean you could have ignored the relevant rules and regulation in dealing with this. So if those parties have any say over you, such as the NMC could discipline you, then they may do so. Therefore, you are exposing yourself somewhat by trying to do what you have suggested and if you go ahead you must be ready to face such potential repercussions.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Thanks Ben

I had suspected this would be the case......

Best wishes


You are most welcome.
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