A shamed mental health nurse who sexually assaulted a vulnerable patient while working at a psychiatric hospital has been struck off by a watchdog.
Richard McLellan attacked the woman during a night shift while she was being treated at the Royal Edinburgh Hospital in January 2019.
The 39-year-old, from Bathgate, West Lothian, was found to have put his hand underneath her underwear before she told another staff member what had happened. Despite denying the allegations, the predator was found guilty by a jury following a three day trial at Edinburgh Sheriff Court last year.
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He was placed on the Sex Offenders’ Register for three years and ordered to perform 200 hours of unpaid work, reports the Daily Record. The Nursing and Midwifery Council have now banned him from the profession, stating that he has shown “no remorse” over his disturbing actions.
In a decision notice, they said: “The panel noted Mr McLellan’s comments in his email exchanges with the NMC, namely, that he ‘will absolutely fight this horrible accusation’ and that he wants ‘his name to be cleared’. The panel determined that Mr McLellan has not demonstrated any insight.
“There is no evidence to suggest that Mr McLellan has made admissions or apologies. Mr McLellan has not demonstrated any remorse or understanding of why what he did was wrong nor how this impacted negatively on his colleagues, his employers, the wider public and the reputation of the nursing profession.
“Nor was there any evidence of Mr McLellan’s self-awareness regarding the impact his conduct is likely to have had on a vulnerable patient with acute mental ill health, or their engagement with other health care providers in the future.”
They added: “Mr McLellan’s actions were very significant departures from the standards expected of a registered nurse and are fundamentally incompatible with him remaining on the register.
“The panel was of the view that the findings in this particular case demonstrate that Mr McLellan’s actions were serious and to allow him to continue practising would undermine public confidence in the profession and in the NMC as a regulatory body.
“Balancing all of these factors and after taking into account all the evidence before it, the panel determined that the appropriate and proportionate sanction is that of a striking-off order.”
In an email sent to the watchdog, McLellan stated that he had “no intention of ever returning to nursing” and that he had lodged an appeal against his conviction. But the Scottish Courts and Tribunals Service confirmed that this was unsuccessful.
The NMC has also imposed an interim 18 month suspension in case McLellan attempts to appeal the striking off order within the next 28 days.
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