A NURSE has been handed a five year caution by the nursing regulater after she harbored an escaped prisoner.
Kirshina Nikita Summan was found to have harbored the escapee at her home for a period of six days in December 2020.
In April this year Summan was convicted of the offence at Wolverhampton Crown Court, but faced a hearing from the Nursing and Midwifery Council (NMC) last week.
Documents released by the NMC on Friday revealed that following an investigation, Summan was issued with a caution order which will remain on her registration for five years.
The NMC said that: “Your conduct gave rise to a concern and that you may demonstrate a similar lapse of judgment whilst working as either a nurse or midwife, creating a clear risk of harm to patients in your care.”
The body also highlighted that her conduct spanning six days acted as an aggravating feature which rose concerns that she may “demonstrate a similar lapse of judgment whilst working as either a nurse or midwife, creating a clear risk of harm to patients in your care“.
The NMC also made mention of Summan’s attempt “to minimise your involvement, but it was abandoned only on the day of the sentencing hearing”.
The NMC noted in their report that Summan did reflect on her actions and acknowledged that she had: “Let yourself and your children down by receiving a conviction and suspended custodial sentence.
“You told the panel that your conviction has led you to reflect on how your actions impact others and how you want to develop as a professional nurse and midwife.
“You told the panel that now, if you were to find yourself in the same situation, you would contact the police straight away and that she realized that she needs to open up and ask for help when needed.”
Summan’s representative at the hearing, Ms Zara Ahmed, submitted evidence in Summan’s defence.
The NMC wrote: “Ms Ahmed informed the panel that of your own initiative you undertook and completed the Edward Jenner Programme, an NHS leadership programme, in January 2022.
“She submitted that this leadership programme along with your reflection has caused a shift in your mindset.
“She submitted that you are no longer the same person that you were at the time of the incident and would not repeat such conduct again.”
The NMC argued that a striking off order would be the only way to protect the reputation of the nursing and midwifery professions as well as uphold public confidence.
However, Ms Ahmed submitted that there was no evidence which raised fundamental questions about Summan’s clinical practice and ability to be a nurse.
She highlighted that Suman pleaded guilty at the hearing at the Crown Court and referred the panel to the judges’ remarks during the sentencing hearing on 18 May 2022.
She said: “The court would be surprised if her professional body or hospital took any action which meant her employment was terminated, particularly given her record.”
The panel identified that Summan’s conduct was the result of a serious lapse of judgement and that she has already received a custodial sentence despite it being suspended for one year.
They also recognized that she did not immediately cooperate with the police as the escapee was harboured by her for six days.
Despite this they did acknowledge that in her favor that she pleaded guilty early on and that the has shown remorse, developed insight and strengthened her nursing and midwifery practices despite this incident.
The panel concluded: “The panel considered that it would be wholly disproportionate to remove you from the register.
“Furthermore, it is in the public interest to keep hard-working and dedicated nurses and midwives on the register, especially in cases where there are no public protection concerns such as yours.
“Having considered the general principles above and looking at the totality of the findings on the evidence, the panel has determined that to impose a caution order for the maximum period of five years would be the appropriate and proportionate response.
“Given the seriousness of the offence, the panel determined that a caution order for anything less than five years would suffice.
“For the next five years your employer – or any prospective employer – will be on notice that your fitness to practise had been found to be impaired and that your practice is subject to this sanction.”
