Jennifer Agyekum

Year of Call: 2009
Email Address: jennifer.agyekum@3pb.co.uk
Telephone: 020 7583 8055

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Overview

Jennifer has a broad and successful professional discipline, regulatory and healthcare practice. She regularly appears before disciplinary tribunals representing clients in conduct and competence and health cases, registration appeals, fraudulent/ incorrect entry appeals, restoration appeals and interim order hearings.  She also has expertise in cases involving the Disclosure & Barring Service and inquests.

Jennifer has extensive experience in education law and is instructed to provide advice and representation in higher education, schools and special educational needs cases.  Prior to joining the Bar Jennifer worked as an advocate at a solicitors’ firm dealing with a range of education law cases (schools and higher education) and associated employment issues. She represented teachers, students and parents at both internal and tribunal proceedings.  Jennifer also worked as a legal assistant to a senior barrister, assisting with his public / education law practice spanning work before university disciplinary panels, in the county court, High Court, Court of Appeal, and special educational needs work in the First-tier and Upper tribunals.

Jennifer is also regularly instructed in civil matters including Fast track cases, Cost budgeting, preliminary hearings, small claims trials, possession hearings and application hearings.

Notable cases

  • NMV v Caroline Wellington & Others [2017]
  • NMC v Saidat Abbas [2016]

Expertise

  • Public and Regulatory
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    Prior to joining the Bar Jennifer worked as a Legal Officer in the regulatory legal department of the Royal College of Nursing.  She represented nurses, midwives and healthcare assistants in employment matters and professional disciplinary issues before the regulatory tribunals.  Jennifer also represented clients in cases concerning the Disclosure & Barring Service, enhanced criminal records disclosure and inquests.

    Jennifer has a specialist  practise in professional disciplinary work and regularly represents registrants in:

    • Misconduct and competence cases
    • Health cases
    • Registration appeals
    • Restoration appeals
    • Fraudulent/ incorrect entry appeals
    • Substantive order reviews
    • Interim order hearings
    • Application hearings

    Notable cases

    NMC v CW & Others [2017] Jennifer represented one of six nurses in a high profile four-week hearing. In the years preceding the regulatory proceedings there had been an inquest and civil proceedings.  This case involved the death of a patient after he had been admitted to a ward with what had been diagnosed as back pain.  The nurse that Jennifer was representing faced five charges ranging from failing to check patient records and escalate his condition to inadequacies in the administration of medication.  After hearing four weeks of evidence, Jennifer persuaded the panel to impose the least restrictive of sanctions solely based on public interest grounds.

    FM v NMC [2017] Jennifer successfully represented a nurse who had been refused re- registration due to alleged ongoing health concerns.  After a one-day hearing and careful cross examination of the NMC’s expert witness, the nurse was restored to the register.

    NMC v AL [2017] Jennifer acted for a nurse in this dual handed case concerning multiple charges relating to alleged poor care of a patient’s catheter. Jennifer made successful submissions of no case to answer in relation to some of the charges and then successful submissions resulting in findings of no misconduct for the remainder of the charges.

    NMC v SA [2016]- Jennifer defended a nurse in this high profile case involving a nurse working for an NHS Trust for over 17 years without a work permit. This case involved 12 charges, some of which alleged dishonesty regarding the non-disclosure of her work status and her interaction with colleagues. The case, on the face of it, should have attracted a striking off order.  However, Jennifer managed to persuade the panel to impose a 6 months suspension order.

    NMC v ES [2016] - Jennifer represented a nurse in this technically complex case concerning a Cardiac Services Team Leader.  Jennifer successfully made an application of no case to answer in relation to several charges including a “contribution to death” charge.  After which the only charges that remained were the charges which had been admitted by the registrant.  Jennifer then went on to make submissions resulting in findings of no misconduct for the remainder of the charges.

    NMC v Yeboah [2016]– Jennifer represented a nurse charged with dishonesty and working excessive hours.  Jennifer secured the least restrictive of sanctions, a caution order, after a 3-day hearing.

    JS v NMC [2016] Jennifer successfully represented a registrant who had been denied registration due to historic convictions, some of which included offences involving dishonesty.

    Jennifer has regularly provided seminars and presentations regarding professional disciplinary proceedings, the Disclosure and Barring Service and other regulatory related topics.  She has also taken part in stakeholder events and discussions in relation to proposed changes to the Nursing and Midwifery Order.

    Publications

    • 3rd Nov 2017

      Oh my Ghosh!

      Just when you thought there was no need to attend another seminar regarding dishonesty in regulatory proceedings and then comes along Ivey (Appellant) v Genting Casino (UK) Ltd t/a Crockfords (Respondent) [2017] UKSC 67. Please click below to read 3PB barrister Jennifer Agyekum's analysis.

      View Publication
  • Education
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    Prior to coming to the Bar Jennifer was the sole In House Advocate at a specialist education law solicitors firm.  Jennifer continues to provide legal advice and representation in the entire spectrum of education law. Areas of practice include:-

    • Appeals to SEND tribunal
    • Discrimination
    • Claims in the FTT
    • Admissions and exclusions from schools
    • Independent Review Panels
    • Clerking at Independent Review Panel hearings and governing Body meetings
    • Claims against independent schools
    • Claims of educational negligence
    • Breach of contract and negligence
    • Judicial review
    • Student fitness to practise proceedings
    • Plagiarism
    • Termination of studies
    • Issues with PhDs studies/ supervision
    • Appeals to the Office of the Independent Adjudicator
    • Disciplinary and grievance procedures

    Jennifer has also run education law seminars/training days and given presentations to Central Law Training (the UK’s leading provider of post qualification training and accreditation for professionals working in the legal sector), Education Law Association (ELAS), Independent Appeal Panels, barristers’ chambers and a youth project run by the Supreme Court “Big Voice London”.

Professional bodies

  • Association of Regulatory & Disciplinary Lawyers
  • Bar Pro Bono Unit

News

  • Oh my Ghosh!

    Just when you thought there was no need to attend another seminar regarding dishonesty in regulatory proceedings and then comes along Ivey (Appellant) v Genting...

    Read more