Mental health nurse who sexually assaulted vulnerable patient spared jail sentence

A mental health nurse who sexually assaulted a vulnerable patient while working at a psychiatric hospital has been spared a jail sentence.

Richard McLellan attacked the woman while she was being treated for a mental disorder at the capital’s Royal Edinburgh Hospital in 2019.

McLellan, 38, was found to have engaged in sexual activity with the woman by placing his hand underneath her underwear while he worked a nightshift at the city hospital.

McLellan denied the allegations against him but was found guilty by a jury following a three day trial at Edinburgh Sheriff Court last month.

The jury found McLellan not guilty of charges including making sexual comments to the woman, touching her genitals and inducing the woman to perform oral sex on him.

The disgraced staff nurse has since been sacked from NHS Lothian and he is due to appear in front of a Nursing and Midwifery Council disciplinary panel in the near future.

A spokesperson for NHS Lothian said they wanted to “extend our full sympathies to the victim in this distressing case”.

McLellan returned to the dock for sentencing on Friday where Sheriff Donald Corke told him he had been “convicted by the jury of an offence of sexual breach of trust of a mental disordered person”.

The sheriff said: “This behaviour was a gross breach of trust by you. You were the complainer’s key worker and you were tasked that night to keep her safe.

“Instead you took the opportunity to engage in sexual activity. You have expressed no remorse for what you did.

“You should be in no doubt custody is an option. [However] I am willing to impose a community payback order as a direct alternative to custody.”

McLellan, from Bathgate, West Lothian, was placed on the Sex Offenders Register for three years and ordered to carry out 200 hours of unpaid work in the community.

He was placed under the supervision of the social work department for three years and handed a conduct requirement that bans him from contacting the victim.

His name will also be forwarded to Scottish Ministers for inclusion on the list of those banned from working with children or vulnerable people in the future.

Defending Advocate Mr Kennedy said his client continues to deny the offence but is “accepting of the jury’s decision”.

He added: “The consequences of this conviction for Mr McLellan are both personally and professionally devastating.

“He has been dismissed from his employment and he will be sanctioned from his professional body where he will submit to further humiliation and disgrace by that.”

Tracey McKigen, Services Director for the Royal Edinburgh and Associated Services at NHS Lothian, said: “We extend our full sympathies to the victim in this distressing case.

“Whilst we can’t comment on individual members of staff, current or former, we want to offer reassurance that as soon as we become aware of a serious criminal allegation, we will take immediate and robust action in the interests of patient safety, which is always our top priority.”

McLellan was found guilty of being a person who provided care services to a mental disordered person and did engage in sexual activity with them and did place his hand underneath her underwear at the Royal Edinburgh Hospital on January 21, 2019.