No nursing ban after murder arrest, inquiry told

Lucy Letby murdered seven babies and attempted to murder seven others at a neonatal unit in Chester

Lucy Letby's arrest on suspicion of murdering babies was not seen as a reason to suspend her from nursing, a public inquiry has heard.

The Nursing and Midwifery Council (NMC)'s chief executive Helen Herniman told the Thirwall Inquiry into Letby's crimes that it could have "interpreted its guidance differently".

Following Letby's arrest in July 2018, a senior lawyer at the NMC concluded there was insufficient grounds to obtain an interim order – which could have led to a suspension or restriction of practice – without her being charged.

Letby's bail conditions prevented her working with babies or children in a healthcare setting but not working in healthcare altogether, the inquiry was told.

The NMC was first contacted by the Countess of Chester Hospital in July 2016 and informed about a rise in mortality of babies but told that no evidence of medical incompetence had been found, though "some clinicians" were concerned Letby may present a serious risk to public safety.

Counsel to the inquiry Nicholas de la Poer KC asked Ms Herniman if there was "a concerted effort to identify exactly who it was (who) had concerns" about Letby.

He added: "We know the truthful answer would have been the head of the neonatal unit, the lead consultant for children's services and all five consultant colleagues, which adds quite a lot of colour and potential potency to simply 'some clinicians', do you agree?"

Ms Herniman said: "Agreed, which is why it is the position of the NMC that we should have shown more curiosity at this stage."

Letby remained free to work without any restrictions imposed by the NMC until she was charged in November 2020.

Ms Herniman said: "The way in which the organisation interpreted our guidance at the time ... meant that the arrest was interpreted as not being sufficient for an interim order.

"We have reflected on that and we should, and could, have at the time interpreted our guidance differently."

Letby was only stripped of her nursing credentials and struck off the register at an NMC fitness to practise hearing in December 2023 after her conviction.

Letby, from Hereford, is serving 15 whole-life orders after she was convicted at Manchester Crown Court of murdering seven infants and attempting to murder seven others, with two attempts on one of her victims, between June 2015 and June 2016