Arrest of Letby exposed nursing regulator loophole

The nursing and midwifery regulator failed to act quickly enough after Lucy Letby was arrested because of a loophole in its guidance, according to an unpublished review.

- REBECCA THOMAS, TARA COBHAM

The Nursing and Midwifery Council (NMC) asked a top barrister to review how it responded to a referral of nurse Letby in 2018, after concerns were raised internally over an alleged lack of action, according to several sources.

When Letby was arrested over the murders of several babies at the Countess of Chester Hospital, the regulator did not place any temporary suspension order on her right to practice as a nurse until a year later in 2020, when she was charged.

Sources now say the barrister’s review – for the Thirlwall Inquiry – has found the watchdog could have acted earlier after her arrest. The findings are yet to be published – but the NMC changed its guidance in April this year following the review, clarifying that investigators did not have to wait until a nurse is charged to place a temporary suspension order.

The news comes after a series of reports by this publication uncovered a “toxic” culture within the NMC, including its failures to address a whistleblower’s concerns over how it approached sexual assault, domestic violence and racism cases.

The results of the inquiry published last month, commissioned after The Independent’s reports, found failures by the watchdog including a seven-year delay in striking off a nurse who was accused of raping a colleague and sexually assaulting a patient.