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Secret filming nurse struck off Secret filming nurse struck off
(40 minutes later)
A nurse who secretly filmed for the BBC to reveal the neglect of elderly patients at a hospital has been struck off for misconduct.A nurse who secretly filmed for the BBC to reveal the neglect of elderly patients at a hospital has been struck off for misconduct.
Margaret Haywood, 58, filmed at the Royal Sussex Hospital in Brighton for a BBC Panorama programme in July 2005.Margaret Haywood, 58, filmed at the Royal Sussex Hospital in Brighton for a BBC Panorama programme in July 2005.
She was struck off by the Nursing and Midwifery Council which said she failed to "follow her obligations as a nurse".She was struck off by the Nursing and Midwifery Council which said she failed to "follow her obligations as a nurse".
Ms Haywood, a nurse for over 20 years, said she thought she had been treated harshly and had put patients first.Ms Haywood, a nurse for over 20 years, said she thought she had been treated harshly and had put patients first.
Ms Haywood, from Liverpool, said: "I am absolutely devastated and upset by it all. I think I have been treated very harshly.Ms Haywood, from Liverpool, said: "I am absolutely devastated and upset by it all. I think I have been treated very harshly.
Panorama believes that Margaret Haywood has done the elderly population of this country a great service BBC spokesmanPanorama believes that Margaret Haywood has done the elderly population of this country a great service BBC spokesman
"It is a serious issue and I knew it was a risk I was taking but I thought the filming was justified and it was in the public interest."It is a serious issue and I knew it was a risk I was taking but I thought the filming was justified and it was in the public interest.
"I always made it clear to the BBC that patients would come first at all times.""I always made it clear to the BBC that patients would come first at all times."
She said she had voiced her concerns through her immediate line manager "but nothing was really taken on board" and the whole process now needed to be reviewed.She said she had voiced her concerns through her immediate line manager "but nothing was really taken on board" and the whole process now needed to be reviewed.
She was found guilty of misconduct on Wednesday following a fitness to practise hearing.
'Patients' dignity compromised''Patients' dignity compromised'
A Department of Health spokesperson said: "Whistleblowers already have full protection under the Public Interest Disclosure Act passed by this Government.
"We expect that any member of staff who reports concerns about the safety or quality of care to be listened to by their managers and action taken to address their concerns."
She was found guilty of misconduct on Wednesday following a fitness to practise hearing.
The panel said she "followed the behest of the filmmakers... rather than her obligations as a nurse".The panel said she "followed the behest of the filmmakers... rather than her obligations as a nurse".
The chair of the panel, Linda Read, said Ms Haywood had prioritised the filming, which in the view of the panel "was a major breach of the code of conduct".The chair of the panel, Linda Read, said Ms Haywood had prioritised the filming, which in the view of the panel "was a major breach of the code of conduct".
She said: "A patient should be able to trust a nurse with his/her physical condition and psychological wellbeing without that confidential information being disclosed to others.She said: "A patient should be able to trust a nurse with his/her physical condition and psychological wellbeing without that confidential information being disclosed to others.
HAVE YOUR SAYHow can the NMC expect respect and confidence from the public they are supposed to be serving when they react in this deplorable and protectionist manner? Graham, Canterbury Send us your commentsHAVE YOUR SAYHow can the NMC expect respect and confidence from the public they are supposed to be serving when they react in this deplorable and protectionist manner? Graham, Canterbury Send us your comments
"Although the conditions on the ward were dreadful, it was not necessary to breach confidentiality to seek to improve them by the method chosen."Although the conditions on the ward were dreadful, it was not necessary to breach confidentiality to seek to improve them by the method chosen.
She said the misconduct was "fundamentally incompatible with being a nurse".She said the misconduct was "fundamentally incompatible with being a nurse".
"The registrant embarked upon filming many vulnerable, elderly patients in the last stages of their lives, knowing that it was unlikely that they would be able to give any meaningful consent to that process, in circumstances where their dignity was most compromised."The registrant embarked upon filming many vulnerable, elderly patients in the last stages of their lives, knowing that it was unlikely that they would be able to give any meaningful consent to that process, in circumstances where their dignity was most compromised.
"The registrant could have attempted to address shortcomings by other means. But this was never a course of action which she fully considered.""The registrant could have attempted to address shortcomings by other means. But this was never a course of action which she fully considered."
Ms Haywood had admitted breaching patient confidentiality but denied her fitness to practise had been impaired.Ms Haywood had admitted breaching patient confidentiality but denied her fitness to practise had been impaired.
This makes total nonsense of all the talk about openness and transparency in the NHS. Cover-up is the order of the game Joyce Robins, Patient ConcernThis makes total nonsense of all the talk about openness and transparency in the NHS. Cover-up is the order of the game Joyce Robins, Patient Concern
Elizabeth Bloor, the BBC programme's producer, told the hearing there had been "an over-arching public interest" to produce the Undercover Nurse documentary because Panorama had received up to 5,000 complaints about conditions.Elizabeth Bloor, the BBC programme's producer, told the hearing there had been "an over-arching public interest" to produce the Undercover Nurse documentary because Panorama had received up to 5,000 complaints about conditions.
She also said that questions had been asked in the House of Commons about the issues investigated, and the Royal College of Nursing conducted research into patient dignity on hospital wards in the wake of its broadcast.She also said that questions had been asked in the House of Commons about the issues investigated, and the Royal College of Nursing conducted research into patient dignity on hospital wards in the wake of its broadcast.
In November the panel found no evidence that Ms Haywood broke the NHS Trust's policy on whistle-blowing by raising concerns about patient care in the documentary, or that she failed to assist colleagues when a patient was having a seizure.In November the panel found no evidence that Ms Haywood broke the NHS Trust's policy on whistle-blowing by raising concerns about patient care in the documentary, or that she failed to assist colleagues when a patient was having a seizure.
A BBC spokesman said: "There was clearly a strong public interest in revealing that some elderly people were not receiving the level of care we expect from our national health service.A BBC spokesman said: "There was clearly a strong public interest in revealing that some elderly people were not receiving the level of care we expect from our national health service.
"Panorama believes that Margaret Haywood has done the elderly population of this country a great service.""Panorama believes that Margaret Haywood has done the elderly population of this country a great service."
'Right and proper''Right and proper'
The National Union of Journalists (NUJ) said its code of conduct stated that surreptitious means of gaining information were permissible in the public interest, and the same should apply to whistleblowers.The National Union of Journalists (NUJ) said its code of conduct stated that surreptitious means of gaining information were permissible in the public interest, and the same should apply to whistleblowers.
Tim Gopsill, of the NUJ, said: "Sometimes the only way to get anything done is to go to the media. No-one could possibly argue that this story was not in the public interest."Tim Gopsill, of the NUJ, said: "Sometimes the only way to get anything done is to go to the media. No-one could possibly argue that this story was not in the public interest."
The panel's ruling was also criticised by Joyce Robins, co-director of Patient Concern.The panel's ruling was also criticised by Joyce Robins, co-director of Patient Concern.
She said: "This just demonstrates the priorities of the regulators - rules come before patients every time. The message that goes out to nurses is: however badly you see patients treated, keep your face shut.She said: "This just demonstrates the priorities of the regulators - rules come before patients every time. The message that goes out to nurses is: however badly you see patients treated, keep your face shut.
"This makes total nonsense of all the talk about openness and transparency in the NHS. Cover-up is the order of the game.""This makes total nonsense of all the talk about openness and transparency in the NHS. Cover-up is the order of the game."
Ms Haywood's actions were also defended by Gary Fitzgerald, chief executive of Action on Elder Abuse.Ms Haywood's actions were also defended by Gary Fitzgerald, chief executive of Action on Elder Abuse.
He said: "We know that we're seeing older people suffering the most appalling care and neglect too often in our care environments.He said: "We know that we're seeing older people suffering the most appalling care and neglect too often in our care environments.
"In that context I believe what Margaret Haywood did and what Panorama did was right and proper."In that context I believe what Margaret Haywood did and what Panorama did was right and proper.
"She said the public needs to be aware of what exactly's going on in these places, in these wards, we didn't have any other way of telling them and I think that's the point"."She said the public needs to be aware of what exactly's going on in these places, in these wards, we didn't have any other way of telling them and I think that's the point".