Who sits on the Investigating Committee and how it works
The Investigating Committee (IC) panel is made up of nurses, midwives and lay people outside these professions. The IC meets to consider the following matters:
- the application and review of interim suspension and interim conditions of practice orders
- fraudulent and incorrect entries to the register
- whether there is a case to answer in a fitness to practise allegation
Whether there a case to answer
The panel of the IC has to decide whether there is a case to answer, where the Case Examiners cannot agree. The IC will apply the same test and guidance as the case examiners in reaching their decision.
The IC meets in private to consider all the supporting information, including evidence from the nurse or midwife who has been referred. The panel must be reasonably satisfied that:
- the facts of an allegation can be proved, and that if proved
- those facts could lead to a finding that the nurse or midwife's fitness to practise is currently impaired.
If the panel finds there is no case to answer it will close the case with no further action, with the giving of advice or with the issuing of a warning. If it finds there is a case to answer, it will recommend undertakings or refer the case to the Fitness to Practise Committee.
If the IC makes a decision to recommend undertakings, a future review of the undertakings in regards to lifting, varying or revoking them, will be dealt with by the case examiners as normal and will not need to be remitted to the IC for consideration.
If the IC decides there is no case to answer or if they decide that there is a case to answer and recommend undertakings, any interested party may request that this decision is reviewed by the NMC’s Registrar. We have produced guidance which sets out the procedure the Registrar will follow when reviewing no case to answer decisions.