The coverage of the conduct hearing into the performance of Dr Stuart McNee makes interesting reading. Having been found responsible for the death of Lisa Norris, Dr McNee will be allowed to continue to practise. The panel found that:
'Dr McNee's actions fell at the "lower end of the scale" of lack of competence. They were "not deliberate, wilful or reckless" and did not amount to misconduct'.
Heather Clark, unlike Dr McNee, was judged not to have put any of her clients at risk. Yet she has lost her livelihood, has been stigmatized as a threat to society and could not even serve as Brown Owl at her local Brownies.
But here is the interesting bit. The Health Professions Council seem to have been using a 'Just Culture' algorithm to help them arrive at their judgement. By saying that McNee's actions were not deliberate, willful or reckless they are saying that he made an honest mistake and should be treated accordingly. Ironically, they point to staff shortages and lack of support from management as being contributing factors.
Heather was not acting in a deliberate, willful or reckless manner when she chose to deal with her clients in a way that seemed effective to her but did not necessarily meet the needs of the social work bureaucracy. She was overworked and lacked support from senior management. How come the same rules are not being applied here?
