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Tayside nurse found with child abuse images made bid to return to work during coronavirus pandemic

Dundee Sheriff Court.
Dundee Sheriff Court.

A Tayside nurse caught with hundreds of child abuse images has been struck off the register.

Ian Macphail had told a Nursing and Midwifery Council (NMC) panel he should be allowed to return to work during the coronavirus pandemic.

But the NMC said there was a “clear public interest” in keeping him away from patients.

After police raided his home in Newport, Macphail was found to have 1,374 images, of which 454 were at the highest level of depravity.

Many depicted young children, including babies.

Police who examined his computer found he had shared images with 11 separate Yahoo account holders.

Macphail pled guilty to charges of possessing, making and distributing indecent images of children when he appeared at Dundee Sheriff Court in June last year in offences spanning a decade, from 2007 to 2017.

He was later sentenced to 180 hours of unpaid work, three years of supervision and put on the sex offenders register.

Macphail, who was 34 when he appeared in court last year, worked for NHS Tayside’s renal service, having started as a nurse in November 2015. His employment was terminated in June 2018, after his arrest.

The NMC said he had “potentially put patients at unwarranted risk of harm, brought the nursing profession into disrepute and breached fundamental tenets of the nursing profession.”

In addition to striking Macphail off the register, the NMC imposed an 18-month interim suspension order to prevent him from appealing the decision.

“The panel noted that, at one stage, Mr Macphail’s view was that due to the current pandemic he should be able to return to practise,” said the NMC.

“However, it considered that the current situation did not alter the clear public interest in making a finding of impairment of fitness to practise.

“The panel took account of the fact that Mr Macphail’s actions did not amount to actual physical harm to the patients in his care. However, it had regard to the extreme and highly offensive nature of the material that led to his conviction and took the view that, his actions were liable to place his patients at unwarranted risk of harm.

“The panel considered that a nurse is always likely to come into contact with children, either as a patient or as the family member of a patient in their care.”

The NMC said the panel assessing Macphail’s case had been given “no indication that Mr Macphail has shown any remorse for his actions”.

However, he admitted to the panel that his fitness to practise was impaired.

“Despite this, the panel was of the view that Mr Macphail’s insight into his actions was lacking.

“The panel was therefore of the view that there is a risk of repetition based on the repeated nature of the allegations along with Mr Macphail’s lack of insight.

“The panel therefore decided that a finding of impairment is necessary on the grounds of public protection.”