Examining cases

Once our investigations team has completed their investigation into the concerns about a nurse, midwife or nursing associate, our case examiners decide whether or not a nurse, a midwife or a nursing associate has a case to answer, and if they do, what should happen to the case.

They can recommend that we need to do further investigation before they can decide whether or not there is a case to answer.

In our fitness to practise process, case to answer has a precise meaning.

It means whether or not there is a realistic prospect that our Fitness to Practise Committee would find a nurse, midwife or nursing associate’s fitness to practise to be currently impaired using the evidence we’ve gathered so far.

Decisions case examiners may reach

If case examiners decide there is no case to answer, they can:

• give the nurse, midwife or nursing associate advice,
• issue the nurse, midwife or nursing associate with a warning, or
• simply close the case.

If case examiners decide there is a case to answer, they can:

• recommend undertakings to be agreed with the nurse, midwife or nursing associate, or
• refer the case to the Fitness to Practise Committee.

Case examiners can also decide that the case should be referred to the Fitness to Practise Committee to consider whether an interim order should be imposed. If case examiners don’t make this recommendation, the Investigating Committee can make an interim order at any point, until the Fitness to Practise Committee starts its consideration of the case.

Find out more about how we examine cases.