The nurse in this case was facing a hearing between August and October and he advised the Nursing and Midwifery Council (NMC) that he would be abroad until 15 July 2009. The NMC was not willing to agree notification of the hearing date by email, for reasons of confidentiality. On his return, the nurse failed to supply his address until 27 August 2009. In the meantime, the NMC had despatched a notice of hearing to the last known registered address. It was known to the NMC that the letter was not received. The hearing took place in the nurse’s absence on 26 August, when he was struck off. The nurse sucessfully appealed. However, the Court of Appeal overturned this and held that the NMC had complied with its service obligations by posting a notice of the hearing to the nurse’s last known registered address. This was in accordance with the NMC rules of service. Despite the importance of the hearing, the NMC could not be criticised for its decision to hear the case in the nurse’s absence.

Nursing and Midwifery Council v Borry Jatta