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Nurse who used Facebook to blow the whistle about poor care escapes being struck off

Panel cautions Colin Toseland after he raised concerns about state of wards and theatres on social networking site

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The fitness to practise panel said that Facebook was not the appropriate place to express his concerns. Photograph: Karen Bleier/AFP/Getty Images

A nurse who used Facebook to raise concerns about standards at his hospital has escaped being struck off after a disciplinary panel acknowledged he was passionate about his job and capable.

Colin Toseland complained on the social networking site about the state of wards, surgical theatres and the level of support offered to nursing staff. Toseland had earlier written an article in Nursing Times exposing the stresses he and other medical workers were under.

At a Nursing and Midwifery Council (NMC) fitness to practise hearing, a panel said he overstepped the mark with his Facebook comments and should have used other mechanisms to raise his concerns.

The panel could have struck him off or suspended him but decided that a formal caution was sufficient as a penalty.

Tessa King, the panel's chairwoman, said: "The purpose of sanctions is not to be punitive, but to maintain high standards and public confidence in the nursing profession.

"Taking no action would have been inappropriate given the registrant's mistakes were deliberate and repeated.

"However, a caution order is sufficient. While his remarks had the potential for public harm there was no evidence any actual harm taking place.

"Mr Toseland has a passion for the nursing profession, and clinically he is very good at his job, but on these occasions he overstepped the mark."

Miranda Stotesbury, the case presenter, said the NMC had clear guidelines on whistleblowing – and that Facebook was not an appropriate way of raising concerns.

She said: "The issue of whistleblowing has been well-documented in the media but there were plenty of mechanisms in place for the registrant to raise any concerns he had.

"As a senior nurse he would have known this. He did not escalate his concerns through the proper and appropriate channels. By not raising his concerns in the proper way the registrant has damaged the reputation of the profession."

Toseland was not present at the hearing in Cardiff, although he had previously written to the panel expressing regret about his online posts. A previous panel took no action over his Nursing Times article.

He made his comments about the Glan Clwyd hospital, Denbighshire, north Wales.

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