Megan
Fletcher-Smith

Megan will soon accept instructions in public family law. Megan has a particular interest in case proceedings brought by local authorities. 

Megan is regulatory instructed by the main nursing and midwifery unions to represent their members in complex, lengthy hearings. Megan also has experience representing social workers and other health care workers. She has significant experience in fitness to practice cases relating to misconduct, including dishonesty and lack of integrity, sexual misconduct and poor record keeping; lack of competence, including medication management, wound care and managerial registration; convictions, cautions and criminal investigations and matters related to Registrant’s health.

She has enjoyed significant success in substantive hearings and has been praised by registrants and solicitors for her calm and friendly manner, her forensic attention to detail and her carefully constructed cross-examinations.

She regularly provides training and updates to solicitors in this field, as well as to regulated professionals. Having previously worked for the Royal College of Nursing, Megan has quickly developed a substantial practice in professional discipline; with particular expertise in medical professions.  She has gained experience in preparing submissions to the Case Examiners and drafting barring submissions to the Disclosure and Barring Service.

Megan accepts instructions to represent registrants before all professional regulatory bodies, and has experience in representing before the NMC, HCPTS, SWE, SCW, GDC, GMC and TRA. 

Megan provides expert advice and representation to professionals in health, misconduct and conviction cases. 

Megan creates trusting relationships with her clients and works with those instructing ahead of final hearings, to ensure that the registrant is well-prepared. She is greatly experienced in cases of dishonesty, record-keeping, medication management, clinical capability and convictions.  

Megan is used to effectively cross-examining witnesses in high-profile cases and making succinct legal argument.

Megan has also gained experience in representing professionals named as Interested Persons in Article 3 Inquests. Her significant experience in cross-examining expert witnesses provides a solid base upon which she is able to build, to demonstrate a breach in the chain of causation. Her forward-looking pragmatism gives her the foresight to effectively represent at Pre-Inquest Review hearings, where the scope of the inquest is determined.

Megan has experience in representing clients in Coroner’s Inquests. She has provided advice to Interested Parties and to Hospital Trusts. 

Megan’s grasp of voluminous documentary evidence has proved helpful in determining the witnesses to be required and the submissions to be made. 

Criminal (Defence)

Bowd v R – Megan’s client was sentenced for blackmail, following an early guilty plea. On appeal to the Court of Appeal, Megan successfully submitted that, although there are no Sentencing Council guidelines for the offence of blackmail, the Judge should have had regard to the guideline for Disclosing Private Sexual Images Without Consent, despite the gravamen of blackmail not being present in a s.33 offence. This led to the appellant’s sentence being reduced by 25%.  

R v Davies – co-defended a matter of child cruelty, in which allegations included bites and assaults upon a young child. Megan represented the first defendant in this matter. She made successful legal submissions and was praised for her conduct of the case.  

R v Thomas – represented a defendant before the Crown Court for theft, assault of a police officer and possession of class B with intent to supply. Megan demonstrated significant inconsistencies in the evidence of the arresting officers, including demonstrating an assault upon the defendant which led to a not guilty verdict on the assault at half time and a not guilty jury verdict within 15 minutes. 

R v Muhammad – represented a defendant facing ‘Revenge Pornography’ offences. Megan’s sensitive but firm cross examination of the complainant led to some evidence that they had consented to the sharing of the images. This led to an acquittal.

Professional Discipline

NMC v B-T – represented a midwife accused of dishonesty after a baby was born in poor condition. It was alleged that the midwife had inserted notes into the documentation regarding conversations which did not take place. Megan’s incisive eye cut to the heart of the case. Significant flaws in the Trust’s investigation and NMC’s evidence were demonstrated through effective cross-examination, and the charges were therefore found not proved. 

NMC v H – represented a midwife, faced with charges relating to clinical failings, alleged to have contributed to the death of a baby. Much of the parent’s evidence was in dispute. Megan sensitively handled the questioning of grieving relatives and was able to demonstrate inconsistencies and illogical conclusions. The panel determined that the charges were not proved. 

NMC v J & Ors – represented a midwife in a long-running case; in which contribution to the death of a baby was alleged. With substantial disagreements as to the interpretation of CTG evidence, Megan was able to grasp the medical terminology to effectively question numerous witnesses. The preparation and presentation of her case led to a favourable outcome. Megan was the most junior barrister involved in this five-handed hearing, representing the registrant facing the most serious allegations. 

HCPTS v T – represented a paramedic alleged to have been involved in an inappropriate sexual relationship with a patient. Megan’s preparation demonstrated significant flaws in the HCPC evidence, leading to a finding that the facts were not proved. 

Inquests

Inquest Into The Death of M T – represented the Nurse in Charge of a mental health facility, during an Article 2 Inquest. It was alleged that the nurse’s failure to perform the required checks on the deceased had 1) allowed her time to tie and use a ligature, and 2) had prevented her from being successfully revived. Megan was able to demonstrate that the checks would have been insufficient to prevent either of these occurrences.

“I really wanted [Megan] on this case she has been nothing but brilliant so I will be instructing her again!” – Solicitor

• The Honourable Society of the Middle Temple
• Criminal Bar Association
• Association of Regulatory and Disciplinary Lawyers

Blackstones’ Entrance Exhibitioner (2015) 

Megan enjoys spending time with her family; particularly outdoors. She enjoys the challenge of hillwalking; always with some of her homemade cake for celebrations at the summit.