Nursing and Midwifery Council determination — substantive hearing
Struck off the register
The regulator’s term: erasure
What does “struck off the register” mean?
Being struck off (the regulator calls this "erasure") removes the practitioner from the register. They are no longer permitted to practise this profession in the UK. Erasure can be reviewed after a minimum of five years, but is otherwise indefinite.
Concerning Simon Robertson, nurse (Nursing and Midwifery Council 98C2409E).
Decision date: 5 March 2026 · Hearing started 5 March 2026
In plain English
The NMC's Fitness to Practise Committee found that Mr Robertson, a community mental health nurse, was convicted at Lincoln Crown Court of sexual activity with a person with a mental disorder by a care worker, against a patient under his care. He was sentenced to 18 months' imprisonment and added to the Sex Offenders Register for ten years. By Consensual Panel Determination, the panel directed that he be struck off the register and imposed an 18-month interim suspension order to cover the appeal period.
Charges
Charge 1: that on 12 June 2024, at Lincoln Crown Court, Mr Robertson was convicted of sexual activity with a person with a mental disorder by a care worker, contrary to section 38(1) of the Sexual Offences Act 2003. The conviction related to conduct toward Patient A, a community mental health patient under his care, including digital penetration during a home visit on 16 March 2022. He was sentenced on 7 November 2024 to 18 months' imprisonment, a 10-year restraining order, and 10 years on the Sex Offenders Register.
Findings
The panel accepted the Consensual Panel Determination agreed between the NMC and Mr Robertson. Charge 1 was found proved by way of his admission. The panel determined his fitness to practise is currently impaired by reason of his conviction on both public protection and public interest grounds, with limbs (a), (b) and (c) of the Grant test engaged. It directed a striking-off order, agreeing with the CPD that no lesser sanction would be sufficient given the seriousness of a specified criminal sexual offence committed against a patient in his care.
Mitigating and aggravating factors
Mitigating factors
Mr Robertson admitted the criminal charge and that his fitness to practise is impaired by reason of his conviction.
Aggravating factors
Mr Robertson has a conviction for a serious criminal sexual offence; abuse of a position of trust in that Mr Robertson was providing care to Patient A at the time; psychological and emotional harm caused to Patient A; premeditated behaviour towards Patient A.
Source
All facts on this page are drawn from the publicly published Nursing and Midwifery Council determination linked below. MedicWatch does not editorialise the regulator’s findings.
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