Information for employers affected by the OET issue

OET is one of two English test providers which the NMC accepts as evidence for English language competency of internationally educated professionals.

OET recently informed us about malpractice concerns at one of its test sites in India.

From the initial analysis of data, OET informed us that this issue affects 45 professionals on our register and 59 applicants to the register.

Upon completion of their investigation at the end of March 2024, OET found an additional 25 registrants are affected by this issue, and an additional 9 applicants are affected.

This means a total of 70 registrants, and 68 applicants, are affected by this issue. 

OET’s investigation into the malpractice is still ongoing. We will be working with them to understand what happened at their test site in India.

OET has conducted a global investigation across all test centre to identity whether this malpractice has taken place anywhere else.

At the end of their investigation, OET reported that no cases of malpractice of this type have been identified at any test centre beyond the test centre in India.

OET will close the test site in India once all remaining booked tests have been taken.

While we're taking these concerns very seriously, we're also clear that the vast majority of internationally educated professionals on our register make a welcome and vital contribution to people's health and wellbeing in the UK.

The 70 professionals and 68 applicants impacted by these concerns represent a tiny fraction of the 55,429 nurses, midwives and nursing associates on our register who were educated in India.

OET have removed all the previous test centre staff, replaced them with new staff and will have auditors on site for all remaining tests. Once all tests booked have been taken, they will close the centre.

In line with our usual Fraudulent/Incorrect Entry process the NMC will contact employers directly if you employ someone on the register where there are concerns about OET malpractice.

Yes, we have contacted the registrants affected by this issue explaining our concerns, the regulatory approach we plan to take and the implications for them.

Registrants will be required to take another test or provide another form of evidence to reassure us as to their language competence. OET have offered to pay for any new tests.

We have opened Fraudulent/Incorrect Entry cases for the 70 professionals on our register. This means that we’ll now investigate the concerns raised about the individuals and then decide whether to refer the case to an independent panel.

We’ll keep you informed about what we decide. We expect this to be within the next four to six months.

Since OET have withdrawn these registrants’ test results, we will be requiring them to take another test or provide another form of evidence to reassure us as to their language competence. OET have offered to pay for any new tests.

A registrant successfully passing one of our accepted English language tests will have demonstrated the necessary knowledge of English for registration.

However, where there is suspected malpractice, the matter would still require investigation and referral to an independent panel, who may still decide to remove someone from the Register if they find concerns about an individual’s honesty and integrity.

We have written to all employers requesting relevant information about the registrants affected by this issue – this is to support our investigation and risk assessment process.

If you have information that may be relevant to us, you can contact us by email:

FtP-IEFETeam@nmc-uk.org

Local action will be a matter for employers following their own policies.

Employers may also want to consider what support they can offer registrants are awaiting the outcome of the investigation.

If an employer has concerns about an individual’s competency that does not relate to OET’s notification of malpractice, please raise those concerns through our fitness to practice process as soon as possible if appropriate. Visit this webpage to find out more: Raise a concern as an employer - The Nursing and Midwifery Council (nmc.org.uk)

Employers can also speak with our Employer Link Service if you need additional support. Visit this webpage to find out more: Working with us when managing concerns - The Nursing and Midwifery Council (nmc.org.uk)

We also offer a suite of referral guidance material, which can be found here: www.nmc.org.uk/employer-resource/

Our concerns relate to fraudulent or incorrect entry to our register. Fraudulent/Incorrect Entry cases look at how someone got onto the register, rather than a concern about a professional’s fitness to practise (FtP).

At present, no clinical concerns have been raised with us about the affected individuals on our register.

We apply multiple assurance checks to individuals applying to join our register, of which English language competency is one. All of those on our register will have subject to the following additional checks:

·       Sitting the computer-based test

·       Sitting the practical OSCE exam

·       In-person identity and documentation verification

Interim orders protect the public from risk by restricting or suspending a nurse, midwife or nursing associate’s practice while we investigate concerns about them.

At present, no clinical concerns have been raised with us about the affected individuals on our register. However, we are considering all the details provided by OET and will carry out a full risk assessment once we have analysed this and any relevant information from employers.

If, through the process of investigating this issue, the Fraudulent/Incorrect Entry team identify grounds to apply for an interim order, they will do so.

Where we suspect that an individual in the application process has obtained their OET entry fraudulently, we will write to them explaining our concerns, the regulatory approach we plan to take and the implications for them once we have received a complete application.

We have told individuals that they must share this letter with their employer or sponsor.

You can ask applicants whether they have received that letter from the NMC and to share it with you. If you are unsure whether an individual has received this letter, you can contact a dedicated team at the NMC who will be able to confirm whether an individual has received a letter from us.

The email for that team is: FtP-IEFETeam@nmc-uk.org

We do not currently hold complete information on who is employing or sponsoring all applicants.

If you contact us with the names of individual(s) you have concerns about, we will be able to review this against our list of applicants affected and confirm this with you.

To do this, please email: FtP-IEFETeam@nmc-uk.org

You can then ask the individual to share a copy of the letter they have received from us which will contain all the information relevant to their case.

This issue impacts 68 people who are still in the process of applying to join our register.

Applicants will be required to take another test or provide another form of evidence to reassure us as to their language competence before they can submit their application. OET have offered to pay for any new tests.

These applications will then be considered by our Assistant Registrars to provide an extra level of scrutiny to ensure the individual also meets our other requirements for registration.

The Assistant Registrar will need to consider whether an individual meets the character requirements of registration.  

Where we have concerns that somebody does not meet our health and character guidance, we can refuse entry to the register as part of our role in protecting the public.

An applicant successfully passing one of our approved English language tests allows them to meet the English language requirements for registration.

However, where there is suspected malpractice, the matter would still require an Assistant Registrar to consider whether an individual meets the character requirements of registration. Registration may be refused where there is evidence of fraud or dishonest conduct.  

We have not yet made any decisions about whether someone will be able to join our register, so we do not expect you to take any direct action against individuals at this stage.  

However, you may wish to carry out your own local risk assessment.

OET have committed to paying for any new re-tests.

We accept the OET on Paper, OET on Computer, and OET@Home test. Anyone taking the OET should choose the Nursing examination from the list of OET Professions versions. 

OET recommend that the individuals affected by this issue take the OET on Computer for the fastest turnaround on test results.

Candidates must contact OET to book the free re-sit by 1 December 2024.  

For applicants and registrants to request an OET re-sit at no cost, they should email applications@oet.com.au. They must contact this email by 1 December 2024 to get a free re-sit of the OET.  

There are a range of resources on the NMC’s website about our English language requirements.

English language requirements - The Nursing and Midwifery Council (nmc.org.uk)

Fraudulent and incorrect entry cases look at how someone got onto the register, rather than a concern about a professional’s fitness to practise (FtP).

However fraudulent or incorrect entry cases are considered by an independent panel called the Investigating Committee. This is similar to how FtP concerns are sometimes heard by a panel.

If an independent panel finds, based on the evidence available, that someone on the register entered it fraudulently and removes them from the register, this decision will be published on our website in line with our publication guidance.

If an Assistant Registrar refuses an application to the NMC register, based on the evidence available, this will not be made public.

In both cases, the individual would be able to appeal the decision and seek to reapply to the register at a later date.

All affected registrants and applicants to the register have been notified of our regulatory approach and any implications for them.

In line with our usual Fraudulent/Incorrect Entry process the NMC has contacted employers directly if they employ someone on the register who is affected by this issue.

Employers or sponsors of applicants to the register can ask us to confirm whether someone they are currently employing or sponsoring is suspected of obtaining their OET results through malpractice. They can do this by contacting our team: FtP-IEFETeam@nmc-uk.org.

This will depend on the individual facts of each case.

Our concerns relate to fraudulent or incorrect entry to our register. Fraudulent and incorrect entry cases look at how someone got onto the register, rather than a concern about a professional’s fitness to practise (FtP).

However, we are considering all the details provided by OET and will carry out a full risk assessment once we have analysed this and any relevant information from employers.

If you would like to seek a review of our decision to not proceed with the case, please contact our Employer Link Service at employerlinkservice@nmc-uk.org.

If you have concerns about an individual’s competency that does not relate to the concerns of OET malpractice, please raise those concerns through our fitness to practice process as soon as possible if appropriate.

Visit this webpage to find out more: Raise a concern as an employer - The Nursing and Midwifery Council (nmc.org.uk)

Yes, we are following our regulatory processes as set out in out in the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004 and The Nursing and Midwifery Council (Fitness to Practise) Rules 2004.

We have provided guidance on the Fraudulent and Incorrect Entry process and for internationally educated registrants joining the register which can be found on our website.

The NMC is governed by legislation which sets out how our processes work and what approach we take to different scenarios, including the approach we take to Fraudulent/Incorrect Entry cases.

The legislation that governs the Fraudulent/Incorrect Entry process is the Nursing and Midwifery Order 2001 and the Nursing and Midwifery Council Fitness to Practise Rules 2004.