When looking into an allegation that someone is entered on the register incorrectly or through fraud, we examine how the nurse, midwife or nursing associate entered the register, not their fitness to practise (FtP).
However, when we assess risk on cases, we look at the overall level of risk posed by the nurse, midwife or nursing associate, so we take account of IEFE matters as well as concerns raised in an FtP case (and any other linked cases).
When there are issues relating to an applicant’s health, for example where they have failed to declare a health condition that poses a risk of harm to the public, in most cases it will be more appropriate for the matter to be dealt with as a fitness to practise issue, not as an allegation of an incorrect or fraudulently procured entry on our Register.
Process
Where a registrant has concurrent FtP and IEFE cases, there will be two different teams managing those cases. IEFE cases go through our usual Screening processes but are then managed by our Registrations teams. Both IEFE and FtP cases are considered by an independent panel, but IEFE cases are decided by the Investigating Committee, not the Fitness to Practise Committee.
If there is an IEFE matter linked to an FtP case, the two teams will keep each other updated to make sure they understand the progress of the other case and the likely outcome.
IEFE cases tend to reach an outcome before FtP cases because they tend to have shorter investigations, simpler evidence, fewer witnesses etc. than the average FtP case. However, this isn’t always the case, and sometimes an IEFE concern will only be identified once the FtP investigation has progressed. If an FtP case owner identifies a new IEFE concern during the course of their investigation, they will notify Screening colleagues so that they can open a new referral.
Investigating IEFE and/or FtP cases
We can only take regulatory action in relation to people who are on our register. If the Investigating Committee decides that the nurse, midwife or nursing associate should be removed from the register, we won't be able to take further regulatory action in relation to the FtP concern and so we'll close their case. A note will be added to their entry on the register, so that we are aware they had an open FtP matter if they apply for registration. This will be clearly communicated to the professional so they fully understand the process and need for us to consider this at a later stage.
There may be exceptional occasions where we decide it is more efficient for us to place an FtP matter on hold while we wait for an IEFE matter to conclude. If the FtP concern has progressed towards a substantive hearing and is likely to result in a strike-off decision, we can prioritise the FtP case and decelerate the progress of the IEFE case. Alternatively, if the IEFE concern is nearing a hearing and appears to involve strong evidence of fraudulent entry whereas the FtP outcome will take some time and/or the expected sanction is likely to fall well short of strike-off, we can prioritise the IEFE case. If the nurse, midwife or nursing associate is not removed from the register we will continue with the FtP case, so we are very careful not to delay our FtP cases unnecessarily.
Sometimes, we receive allegations that could be described as allegations about either a nurse, midwife or nursing associate’s fitness to practise, or whether their entry on the register is fraudulent or incorrect.
For example, we might receive an allegation that a nurse, midwife or nursing associate gave us incorrect information as part of revalidation. This could lead us to a fitness to practise investigation into misconduct or give us grounds to investigate if their entry on our register is incorrect or fraudulent.
When this situation arises we prioritise whichever case involves evidence of a more significant risk. This means that sometimes we should investigate the possible allegation of incorrect or fraudulent entry and whether someone is entitled to practise as a nurse, midwife or nursing associate before we consider if their fitness to practise may be impaired.
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What happens when we receive an IEFE allegation?
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