19 January 2023 , 12:45
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A prison nurse who exchanged thousands of texts and phone calls with a man incarcerated over a horrifying drug-fuelled sex attack has avoided being struck off.
Racheal Donegan, a mental health nurse formerly employed at HMP Liverpool in Walton, has now been suspended from the nursing register for 12 months after a disciplinary case brought by the Nursing and Midwifery Council (NMC).
Donegan, who is currently working in a care home in Australia, became close with inmate Lloyd Senior back in 2016 when she was involved in providing his medication in the prison, the Liverpool Echo reports.
Senior, then 26, had been locked up for chasing a screaming woman through the streets of Kensington before tackling her to the floor, ripping her clothes off and forcing his hand into her underwear.
It emerged in court he had taken a cocktail of alcohol, cocaine and ketamine in the lead up to the horrific assault, and was also on licence after serving part of a five year prison sentence for possessing a semi-automatic handgun and ammunition.
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Donegan, from Walton, was charged after a mobile phone was found in Senior's cell and forensically analysed by police experts. The officers found the device had been in contact with Donegan 7,678 times over an eight week period, leading to her being sacked and charged with encouraging or assisting the commission of an offence.
Rachael (right) was told by the sentencing judge that she had been "foolish" (Liverpool Echo)
Rachael admitted encouraging or assisting the commission of an offence (Liverpool Echo)She pleaded guilty in 2018 but was spared prison after Liverpool Crown Court heard there was no evidence of other serious criminal activity such as drug dealing or witness intimidation.
At the time of her sentencing, Judge Anil Murray told her: "You've been very foolish. You were a nurse in a position of responsibility at HMP Liverpool.
"Examination showed lots of contact between him and you. The prosecution case is you assisted him using his mobile phone by communicating with him. This was serious because you were in a position of responsibility. You must have known that phones in prison are put to misuse.
"Fortunately for you, this was not a phone used for drug dealing or to commit other serious offences and that is important. You could be in a more serious position now."
She was handed a 12 month community order with requirements to complete 40 hours of unpaid work. However, as a result of her conviction, the NMC commenced an investigation into whether her fitness to practice was impaired.
The NMC, which regulates the register of nurses able to practise in the UK, called Donegan to appear before an independent disciplinary panel this month, which published a written judgement on the case.
The panel heard from Donegan, who said she already knew Senior from "when we were teenagers" but claimed the conversations were "just friendly chit-chat and nothing more". The panel wrote: "You assured the panel that this behaviour would never be repeated and that these proceedings have been ‘a lifelong lesson’. You stated that you would never want to work in a prison environment again but reiterated that the relationship with the prisoner was just ‘friendly chit chat’ and ‘nothing more’.
"With regards to your insight, you stated that you have learnt from your mistakes and that ‘it has been a hard six years’. You told the panel that you would never allow yourself to do something ‘so stupid ever again’."
Since losing her job at HMP Liverpool Donegan was allowed to continue nursing as the investigation took place, and took up positions in a nursing home and last year worked on a Covid unit at Aintree Hospital. She also completed her 40 hours unpaid work at a charity shop.
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In July this year she moved to Australia, where she continues to work in a care home and also in "aesthetics".
The NMC argued that Donegan's conviction raised "fundamental concerns regarding your trustworthiness" and pointed out that Senior was a "vulnerable patient" at the time of the offences.
The disciplinary panel said the fact Donegan had abused a position of trust, and lied to the police in her initial interviews when she denied making the calls to Senior, were "aggravating features".
However the panel also took into account Donegan's "genuine remorse", and some evidence relating to her mental health at the time of the offences which was not made public.
The members of the panel wrote: "The panel determined that your behaviour arose in an unusual set of circumstances and noted that your conduct did not attract a custodial sentence. The panel considered that your personal circumstances in 2016 constituted one episode in your life, where you made poor decisions at work. However, since this time you have received counselling and practised without incident."
The suspension order will be reviewed in 12 months and the panel could either lift it, extend it or replace it with a new order.