What is incorrect entry or fraudulent entry (IEFE)?

These are two types of allegation that are often considered together but are quite different in nature:

• an entry on our register will be incorrectly made if it was made based on wrong information
• an entry on our register will be fraudulently procured if the registration information it was based on was submitted with the deliberate intention to mislead the NMC or another organisation like a university, or where we can’t prove that an individual knew or believed that the information was false but where there is evidence that the information submitted by the individual was obtained by fraud e.g. fraud by a third party.

The key distinction between the two types of allegation is that a fraudulently procured entry onto our register involves an element of dishonesty. By contrast, an incorrectly made entry onto the register doesn’t require a finding of dishonesty.

For both incorrect and fraudulent entry cases, if we find an allegation proved we can remove the entry, amend the entry or take no action. We can also impose an interim order to temporarily suspend or restrict a nurse, midwife or nursing associate’s practice while we investigate their case.

The legislation that governs the IEFE process is the Nursing and Midwifery Order 2001 and the Nursing and Midwifery Council Fitness to Practise Rules 2004.¹

Why IEFE is important for patient safety

Registered nurses, midwives and nursing associates are only entitled to practise if they are on our register. For this reason, allegations that a nurse, midwife or nursing associate entered the register incorrectly or by fraud are extremely serious and raise public protection concerns.

For example, if someone enters the register without the required qualification, or submits their revalidation application without having completed the required hours of practice or continuing professional development (CPD), they may lack the knowledge and/or skills needed to carry out their nurse, midwifery or nursing associate role. This means they could pose a risk to patient safety.

It is in the public interest for us to investigate these allegations and take action where needed. Not doing this could affect public confidence in the integrity of the register and the nursing and midwifery professions.

It’s important for public protection that members of the public can trust the information about who is listed as a nurse, midwife or nursing associate on our register.

Incorrect entry

Someone's entry onto the register might be incorrect if our decision to register, renew or readmit them onto the register was based on wrong or inaccurate information about them meeting the relevant requirements.

For example, if someone wrongly declared that they had carried out the required number of hours of registered practice because they made a mistake when calculating them, their entry will be incorrect.

An entry could also be incorrect if we made a mistake during the application process.

For example, if we entered the wrong person’s name onto the register because of an administrative error.

If an entry was incorrectly made, it does not automatically mean that there was any dishonesty involved. An incorrect entry may have come about because of a simple mistake by a nurse, midwife or nursing associate, by the NMC or another third party.

When we investigate an allegation of incorrect entry, we'll always assess whether there's evidence of dishonesty. If we think there's enough evidence to prove that dishonesty was involved, we'll pursue an allegation of fraudulent entry.

Fraudulent entry

An entry on the register is made fraudulently if:

• any of the information submitted as part of the registration, readmission or revalidation process was submitted with the deliberate intention to mislead the NMC or an approved education institution, or
• information provided to the NMC as part of an application was obtained or created by fraud.

An allegation that an entry has been made fraudulently will always involve an element of dishonesty, either by the nurse, midwife or nursing associate, or a third party.

For example, if a person relies on falsified qualification information as part of their application to join the register, we'll pursue an allegation of fraudulent entry.

Decision makers should consider if the entry on our register was gained by fraud with the deliberate intention to mislead the NMC or another organisation. It doesn’t matter whether a third party provided the false information or if the nurse, midwife or nursing associate wasn’t aware that the information used was deliberately misleading.

If someone uses the identity of a person who was registered as a nurse, midwife or nursing associate and makes a false declaration, the entry is fraudulent, even though the former nurse, midwife or nursing associate is not aware of the fraud.

It doesn’t matter whether or not the person whose name was entered on the register could meet the relevant criteria to be successfully registered or if they’re currently able to practise safely. The key issue is if we made the entry based on information that was either submitted with the deliberate intention to mislead the NMC or was fraudulently obtained or created. It would be the role of the Investigating Committee to take all information into account including whether the professional on our register had any knowledge or involvement in the fraud when deciding what regulatory action, if any, needs to be taken, it is important to note that the IEFE process must support the integrity of the register.

Next: IEFE and fitness to practise

^{1 Article 26 of the Nursing and Midwifery Order 2001 and Rule 2A and 5 of the Nursing and Midwifery Council Fitness to Practise Rules 2004}