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Midwife wins misconduct appeal

Midwife wins misconduct appeal

A midwife has won an appeal against being struck off over allegations of misconduct.

A High Court judge ruled that Eunice Ogbonna did not have a fair hearing over allegations made during her time working at Homerton Hospital, Hackney, east London.

The judge said there were "bad feelings" between the midwife and her team leader Betty Pilgrim - who was a crucial witness against her in the 2005 hearing.

The misconduct allegations were found proved after a written statement from Ms Pilgrim was allowed to be read at Mrs Ogbonna's disciplinary hearing by the Nursing and Midwifery Council's conduct and competence committee. Ms Pilgrim had left the UK to live in the Caribbean.

However, the High Court ruled that the findings of misconduct and the decision to strike off Mrs Ogbonna could not stand.

Mrs Justice Nicola Davies said "that no efforts were made to secure the attendance of Ms Pilgrim at the hearing, either in person or by way of video link".

The judge added that the bad feeling between the women should have led to efforts to ensure Ms Pilgrim attended for cross-examination.

Copyright © Press Association 2010

Homerton Hospital

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