Jackie
Smith, the chief executive of the Nursing and Midwifery Council (NMC), the
nursing regulator, received a pay rise of nearly £20,000 last year on her basic
pay. That is an 11% pay rise, but that was only on her basic pay. Her overall
pay package rose to £256,027, a £35,743 rise, which includes a £11,921
“performance bonus” (1).
That
£35,743 rise is equivalent to the yearly salary for a Band 6 Nurse (1), someone
working as a Junior Ward Manager or Deputy Team Leader. In one year she has
received a percentage increase in her salary greater than the combined pay
rises NHS nurses have received since 2010. Since 2010 NHS nurses’ pay has risen
by only 6% (2).
Is she
worth this pay rise?
The NMC
seems to think so. In their annual report they said, “Executive salaries in the
NMC were generally out of alignment with median pay for comparable roles in the
wider market, in some cases considerably so.” (1) It may sound familiar because
it’s the same argument that was used in 2015 when MPs received an inflation
busting 10% pay rise (3). That wasn’t a popular move.
Is she
earning her £256,027 salary?
The
NMC’s own Annual Report and Accounts 2015–2016 (4) details many of the NMC’s
current failings. From it I learnt of the following failings:
- They had a staff turnover of 23.5%, 24.5% the year
before. Nearly a quarter of their staff left in a year, and just under a
quarter of their staff left the year before. It must be a pretty toxic
working environment.
- It has taken until 2016 for nurses to be able to pay
their registration fees in quarterly instalments, we still can’t pay in
monthly instalments because that still seems beyond the NMC to organise.
- As of March 2016, the NMC had £41million in
reserves, yet their annual report makes no mention of using these
reserves. In 2015 the NMC imposed a 20% increase in nurses’ fees because
they said they needed that money to function, especially to pay for
Fitness to Practice hearings (5). So if this was the case why do they have
so much in reserves?
- They had 120 data breeches, one more than the year
before.
- Their own Head of Internal Audit found that the
NMC’s own internal control, governance and risk management were failing. “Significant
improvements” are needed.
- The Head of Internal Audit’s report found deterioration
in services from having so many temporary senior managers, especially in
Finance, Procurement, HR and Technology Business Services.
- There were “specific weaknesses” in the NMC’s finance
and procurement controls, there are serious problems in their financial
department.
- Their high staff turn has also resulted in “increased
costs”, money wasted because the NMC has created such a poor working
environment.
This
are just the failings that the NMC themselves identified, even though their
annual report tried to wrap them up in positive sounding management speak.
The Professional
Standards Authority (PSA) is an independent body, accountable to Parliament,
which has a duty to oversee the work of the nine statutory bodies that regulate
health and care professionals in the UK, including the NMC (6). For the last
two years they have produced an annual report comparing all the organisations
they regulate and how well each organisation is operating. Their recent report
did not paint the NMC in any type of glowing light (7). They found the NMC
failing in the following ways:
- The NMC took the longest time, out all nine
regulators, from receipt of initial complaint (About a registrant) to their
final decision. Their avenge time was 51 weeks, their longest time was 401
weeks (7). The NMC’s own Fitness to Practice report 2016-2017 (8) stated all
that Fitness To Practices should be resolved in 15 months, not a fast
resolution.
- PSA requires regulators to deal with complaints as
quickly as possible, but the NMC failed this standard and the PSA were not
convinced that the NMC was improving.
- They were also concerned about the lack of transparency
when the NMC reached agreements were the nurse resigned from the register
rather than face an investigation or a Fitness to Practice hearing.
- The PSA has the power to refer complaints to the
High Court when they feel a regulator has been too lenient in their
Fitness to Practice decision, 62% of these actions were following NMC
Fitness to Practice decisions. On “several occasions” PSA had to seek
legal injunctions to stop the NMC allowing a registrant to resign from the
register before the PSA had referred their Fitness to Practice decision to
the High Court.
These
are incredibly serious failing and all of them revolved around Fitness to
Practice hearings, something that the NMC has repeatedly failed at. The
previous year the NMC failed to meet five of the PSA’s standards (9). They have
improved but it is disgusting that they first got into this position and that
it took a PSA’s report to force them to improve. Would they have improved
without this public naming and shaming by their own regulator?
What is
most shocking, though, is that the NMC is being stripped of its supervision of midwives
(10). They will continue to regulate midwives, but they will be stripped of
their statutory responsibility to also supervise midwives. This is a huge
change to the NMC, they are being stripped of one of their statutory
responsibilities. The NMC are trying to spin this as a positive change (11),
but this is a result of NMC failings. A damning Kings Fund report (12), commissioned
by Parliamentary and Health Service Ombudsman following the failing in
maternity care at Morecambe Bay NHS Foundation Trust, found that the NMC was
not suitable to carry on supervising midwives. This is all in the light of this
week’s news that maternity units in England were forced to close 382 times last
year because of shortages of midwives (13).
These are
not the only issues the NMC has in its role as regulator, it is failing nurses
in so many different way.
It can
take the NMC two to three months to be process a newly qualified nurse onto the
nursing register and get them their PIN number (14), without which they cannot
work as a registered nurse. This makes starting their first job challenging at
best.
Disproportionate
amounts of BME, male and older nurses are referred to Fitness to Practice
hearings. 16% of new complaints to the NMC are about BME nurses, but only 7% of
registered nurses are BME (15). 25% of new complaints were against male nurses
and men make up only 11% of registered nurses (15). Nurses over 40 make up 76%
of new complaints, and yet only 69% of registered nurses are over 40, and four
out five nurses struck off by the NMC are over forty (16). The NMC has a legal
responsibility to reduce discrimination, yet all they seem to have done is
commission research that told them a disproportionately high number of BME
nurses receive complaints against them (8), nothing more than that. So far they
have announced no plans to tackle this obvious discrimination, nor do they seem
very interest in it.
The NMC
will regulate the new role of nursing associates (17), but soon as that was
announced they showed that they actually understand very little about the role
of the Registered Nurse. They released proposals to change Registered Nurse training
(18), which was obviously designed to draw a distinctive line between
Registered Nurses and Associate Nurses but all it showed was how little they
actually know about the role of the Registered Nurses (19). They seemed to
think it is solely made up of performing physical tasks.
Recent
NMC Fitness to Practice Hearings have produced some very questionable findings.
Jane Kendall, the nurse who was convicted of harming a patient because she
didn’t perform CPR on that patient after they had died over an hour before. Donna Wood was convinced of falsely recording a temperature when there was no
physical evidence that she did. They even tried to prosecute Pauline Cafferkey
for contracting Ebola, they failed and were publicly roasted in the media for
doing so. Their response to this was to no longer publish the names and
allegations of nurses and midwives under investigation (20), removing another
level of transparency.
The NMC
proposes to split the role of mentor into practice supervisors and practice
assessors (20a), were the supervisor would train the student and the assessor
would only assess them. It is hard enough to find enough nurses to act as
mentors, under this scheme we would have to double the numbers, even before we come
to all the problems inherent with splitting the role. Again they showed they do
not know what is involved in the role of a Registered Nurse, and they regulate
the role.
Nursing
is in crisis now and the NMC has provided no leadership on any of the problems
facing us. They have been overly silent on the following issues:
- The 40,000 nursing posts that are vacant in the NHS,
leaving far too many wards, units and teams seriously under staffed (21).
- In March this year, more nurses and midwives left
the NMC register (affectively stopping working as nurses and midwives)
than those who joined it (22). A reduction in the number of nurses and
midwives.
- There are still no safe staff levels for wards,
departments and the community (23). This leaves units seriously
understaffed and dramatically increases the workloads of nurses working
there, the perfect storm for mistakes to happen.
- Less people are applying to train as nurses. There
was a 19% fall in people applying to train this year, and a 28% fall in
mature students applying (24). This is when we need more nurses, not less.
- There has been warning sign (25) after warning sign
(26) that the NHS is heading towards a crisis. Sir Robert Francis QC said
it was only the “superhuman” efforts of NHS staff that prevented the NHS
breaking during the last winter (27). It is now the summer, traditionally
a less stressful time for healthcare, and the NHS is so flooded with demand
that the near-breaking strain has not eased up. The Point of Care
Foundation said that NHS staff have become the “shock absorbers” for the
overwork and demand heaped onto the NHS (28).
Yet the
NMC has remained silent over all this, no advice, no guidance, no leadership.
It is as if the NMC is not bothered by any of this. If nurses are under
increasing stress and workloads, with falling numbers of actual nurses, this is
the perfect situation for mistakes and errors to be made. Surely, as the
nursing regulator the NMC would want to cut down on any mistakes? Or are they
only interested in running Fitness to Practice hearings?
The NMC’s
predecessor, the UKCC held regular elections to its governing council (29). All
Registered Nurses were able to vote for who would be members of it. We cannot
do this with the NMC because their governing council are appointed, after a
selection process, by the Privy Council (4). As nurses, we have no say in the
running of our regulator, the NMC, and no way to change their failings.
In 2015,
Professor Ian Peate, professor of nursing at the school of health studies in
Gibraltar and editor-in-chief of the British Journal of Nursing, wrote a scathing
editorial criticising the NMC’s performance (30). He basically called them
unfit for purpose, I cannot see how NMC has improved since then. His assessment
of them still stands.
Is Jackie
Smith worth £256,027 a year?
I
cannot see how. Researching this blog left me feeling sick and demoralised
reading all the failings of the NMC, and by how little the NMC seems to be
doing to correct them. Jackie Smith is at the helm of this organisation and
seems unable or unwilling to solve these failings. How can the NMC turn
themselves around with Jackie Smith still in charge? The organisation needs a
new chief executive, a new leader to solve their problems. But after bestowing
an obscenely large pay increase on Jackie Smith, there seems no desire to do
this by the NMC’s council.
As for
me, there is nothing I can do about this, I have no voice in the NMC, but I still
have to pay them my annual fee otherwise I cannot work as a nurse. I have no
say in this at all.
Drew
Payne