Shekyena Marcelle-Brown

Shekyena has extensive experience in Regulatory law and Professional Discipline. She accepts instructions from regulators and regulated professionals at all stages of the professional disciplinary process. She has years of experience having previously worked at the Nursing and Midwifery Council, the Health and Care Professions Council, the Financial Ombudsman Service, and the Adjudicator’s Office (HM Revenue & Customs).

Notable Professional Regulation cases

HCPC v JA

Case involving of allegations that a registrant paramedic failed to disclose that he was under Police investigation for a number of historic sexual offences and that he was dishonest in doing so. It was not in dispute that the paramedic did not disclose the Police investigation to his employer between October 2019 and July 2020 following his voluntary Police interview. Successful submission of no case to answer made on behalf of the paramedic which led to the case being dismissed in its entirety and means that the registrant can continue to practice with his unblemished reputation intact.

NMC v DW

Complex substantive hearing involving wide-ranging allegations of serious patient harm, medication errors, practising without an effective PIN, and lack of knowledge of English, which resulted in a striking off order. Notwithstanding the challenges posed by the allegations being over 4 years old, the unrepresented registrant’s language barrier, witness issues, and numerous evidential obstacles, it was noted that Shekyena’s “presentation of the case and conduct with an unrepresented Registrant was exemplary”.

NMC v MS

Case involving two sets of allegations in 2017 and 2019 whereby a senior nurse had repeatedly made medication errors and put patients at harm at numerous places of employment over a number of years which resulted in her being dismissed each time. The registrant then sought new employment on several occasions where she dishonestly and intentionally failed to disclose her dismissals and history of medication errors during the application process, having received an NMC caution for the same in 2017. This resulted in a striking off order.

NMC v BC

Successfully opposed a complex hearsay argument by persuading the panel that the hearsay evidence was not sole and decisive. The NMC sought to rely on the hearsay evidence of Patient X (who was allegedly abused by the registrant) and Patient Y (who overheard the alleged incident). This hearsay evidence was corroborated by one witness who only overheard the alleged incident. The case involved a registrant accused of falsifying patient records, dishonesty concerns, and physical and verbal abuse of a vulnerable patient.

NMC v AM

Complex case involving dishonesty allegations whereby the NMC relied on the evidence of a witness with a finding of dishonesty against them. The case involved a registrant accused of concealing a patient error where he and a Consultant Anaesthetist had administered anaesthetic for a nerve block procedure on the wrong side of the patient. The key witness for the NMC was the Consultant Anaesthetist, who had been suspended for 4 weeks for admitting dishonesty and the same factual allegation at his regulator’s fitness to practice hearing. This raised issues with the credibility of the witness, however it was argued that the witness was credible in this case as he had self-reported the incident to the Trust and had been open and honest by way of his full admission during his regulatory proceedings.

NMC v SP

Successfully opposed a lengthy legal argument on a submission of no case to answer. The case involved a senior nurse accused of sexual harassment and breaching professional boundaries with a patient and colleagues. The allegations related to the registrant allegedly abusing his position as a nurse to contact a young female patient that he had cared for, via social media. The alleged conduct also involved the registrant, who was in his mid-30s, pursuing very junior female colleagues that were students and apprentices, one as young as 17, by reading their name badges and searching for them on social media in order to instigate a sexual relationship.

NMC v TS

Complex case involving a registrant accused of numerous medication errors, failing to properly respond to an emergency where the resident later died, and having a lack of the necessary knowledge of English to practise safely. The registrant’s representative withdrew during the hearing which caused difficulties as the registrant was now unrepresented and it was important to ensure she continued to have a fair hearing by raising points, where appropriate, that might have been if she still had legal representation.