The NHS has been instructed to cease all investigations into biological sex 'witch hunts' after nurse Jennifer Melle was cleared of misconduct for refusing to use the preferred gender identity of a trans-identifying paedophile patient. The patient, a 6ft bearded male sex offender, subjected Melle to racial abuse and threats during a night shift at St Helier Hospital in Carshalton, Surrey, on May 22, 2024.
NMC drops charges after two-year ordeal
The Nursing and Midwifery Council (NMC) abandoned its 'disgraceful' probe two years after the incident, but continues to investigate four other nurses who were forced to share a changing room with a man identifying as a woman. Tory leader Kemi Badenoch said: 'I am pleased the NMC has dropped the charges against Jennifer, but it remains a disgrace that they ever thought these charges were ever called for.'
Melle, a Ugandan-born single mother of two and committed Christian, was on duty when a biological man identifying as female arrived from a men's prison in handcuffs for treatment of a urinary infection. The patient objected when Melle used male pronouns during a clinical discussion with a senior doctor, then subjected her to racial abuse and threats of violence. Medical notes recorded the patient as male.
Regulator's climbdown after public pressure
After Melle spoke publicly about her ordeal, receiving support from author J.K. Rowling, she was suspended and reported to the NMC over concerns about her fitness to practice. In January, Epsom and St Helier University Hospitals NHS Trust abruptly abandoned disciplinary proceedings, allowing Melle to return to work. The trust paid compensation to settle the dispute before an employment tribunal.
Claire Coutinho, Shadow Minister for Equalities, said: 'Jennifer has been put through two years of witch hunts by the institutions that were meant to protect her. This decision by the NMC is welcome, but it should never have been allowed to get to this point.'
Cost to taxpayers and ongoing cases
The NMC's climbdown follows revelations that County Durham and Darlington NHS Foundation Trust faces up to £1.25 million in costs after defending a trans-identifying male nurse using a single-sex changing room despite objections from 26 female colleagues. The trust was forced to apologise and pay damages to seven nurses. Four still face NMC misconduct investigations. A source said the two actions will likely cost taxpayers more than £2 million.
Melle said: 'I am relieved and grateful the NMC has finally recognised that there is no case for me to answer. But I should never have been put through this in the first place. Nurses should not have to choose between their conscience, the truth, and their profession.'
Supreme Court ruling and regulatory reform
Last year, the Supreme Court ruled that for the purposes of the Equality Act, the definition of 'woman' means 'biological woman.' Despite this, the Equality and Human Rights Commission has not yet published updated guidance, leaving NHS trusts applying inconsistent policies. The NMC said it does not take action against people for holding gender-critical beliefs and that such beliefs may be protected under the Equality Act.
Andrea Williams, chief executive of the Christian Legal Centre, said: 'Jennifer Melle's vindication is welcome, but it is also an indictment of the system that allowed this case to get this far. The NMC must now also immediately end the investigations into the four Darlington nurses.'
