Charge Detail Summary

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File Number: Mid15/326D
Practitioner: Ms Y


Hearing Start Date:

Hearing End Date:

16/09/2015

16/09/2015


Hearing Town/City:

Hearing Location:

Charge Characteristics:

Sexual misconduct - sexual relationship with patient or former patient or partner of patient (Established)


Additional Orders:

Name Suppression to Practitioner

Practitioner granted interim suppression of name and identifying features

725Mid15326D.pdf


Name Suppression to Complainant and/or Patient and/or client

Patient, partner and family members granted permanent suppression of names and identifying features

742Mid15326D.pdf


Other Suppression Orders

Practitioner's employers granted permanent name suppression by the High Court.

742Mid15326D.pdf


Name Suppression to Practitioner

The practitioner was declined permanent name suppression at the hearing.

The practitioner appealed the Tribunal's decision to the High Court. The High Court allowed the practitioner's appeal.  The practitioner was granted permanent name suppression.  Ms Y v Director of Proceedings [2016] NZHC 2054.

742Mid15326D.pdf


Appeal Order:

Name Suppression to Practitioner


Name Suppression to Practitioner
Outcome
Practitioner declined permanent name suppression at hearing. The practitioner appealed the Tribunal's decision to the High Court on a finding of fact and on the Tribunal's decision not to grant permanent name suppression. The High Court allowed the practitioner's appeal and directed the Tribunal to reconsider its decision. The practitioner was granted permanent name suppression. Ms Y v Director of Proceedings [2016] NZHC 2054


Decision:

Full Decision 742Mid15326D.pdf


Appeal Decision:

Full Decision
Outcome

The Practitioner appealed the Tribunal's decision to the High Court on a finding of fact and on the Tribunal's decision not to grant permanent name suppression. The High Court allowed the Practitioner's appeal and directed the Tribunal to reconsider its decision.  Ms Y v Director of Proceedings, [2016] NZHC 2054  The Tribunal issued an amended decision.



Precis of Decision:

Charge

The Director of Proceedings laid a charge of professional misconduct against Ms Y, a midwife (the Midwife).

The charge alleged that the Midwife:

  • entered into and carried on a sexual or intimate relationship with the partner of her then Mother/Client (the Mother) when she was providing midwifery services to the Mother as a Lead Maternity Carer (LMC); and
  • failed to terminate her professional relationship as LMC to the Mother while carrying on her relationship with the partner.

Finding

The hearing proceeded on the basis of an Agreed Summary of Facts.  The Charge was admitted by the Midwife and she admitted it was of sufficient severity to warrant disciplinary sanction.  The Tribunal was obliged under the Act to reach its own conclusion in relation to liability and it found the charge was established and that her conduct constituted professional misconduct.

Penalty

The Tribunal ordered the Midwife:

  • be censured;
  • be permitted to practise as a midwife under various conditions relating to:
    • not providing midwifery care to friends and family;
    • ongoing mentoring;
    • ongoing couselling:
    • maximum workload; and
  • pay costs of $11,400.00

The Tribunal directed publication of its decision and a summary.

Appeal

The Midwife appealed the Tribunal's decision on a finding of fact and on the Tribunal's decision not to grant her permanent name suppression.  The High Court allowed the appeal and overturned the finding of fact and granted the midwife permanent name suppression. (Ms Y v Director of Proceedings, [2016] NZHC 2054).  It directed the Tribunal to reconsider it decision. The Tribunal produced an amended decision.