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FtP library
  • Understanding Fitness to Practise
    • Aims and principles for fitness to practise
    • Allegations we consider
      • Allegations we consider - overview
      • Misconduct
      • Lack of competence
      • Criminal convictions and cautions
      • Health
      • Not having the necessary knowledge of English
      • Determinations by other health or social care organisations
      • Fraudulent or incorrect entry to the register
    • How we determine seriousness
      • How we determine seriousness - overview
      • Serious concerns which are more difficult to put right
      • Serious concerns which could result in harm to patients if not put right
      • Serious concerns based on public confidence or professional standards
    • Why we screen cases
    • When we use interim orders
    • Investigations
    • Examining cases
    • How we manage cases
    • Meetings and hearings
    • Resolving cases by agreement
    • What sanctions are and when we might use them
    • Taking account of context
      • Taking account of context - overview
      • 1: We’ll approach cases on the basis that most people referred to us are normally safe
      • 2: We’ll seek to build an accurate picture about the nurse, midwife or nursing associate’s practising history
      • 3: We’ll always carefully consider evidence of discrimination, victimisation, bullying or harassment
      • 4: Where risks are caused by system and process failures, we’ll concentrate on the action we can take to help resolve the underlying issues
      • 5: In cases where a nurse, midwife or nursing associate was required to use their professional judgement we’ll respond proportionately
      • 6: Evidence of steps the nurse, midwife or nursing associate has taken to address serious concerns caused by a gap in knowledge or training or personal context factors
      • 7: We’ll always look into whether group norms or culture influenced an individual’s behaviour before taking action
      • 8: Where an incident has occurred because of cultural problems, we’ll concentrate on taking action to minimise the risk of the same thing happening again
      • What context factors we think are important to know about when considering a case
    • Insight and strengthened practice
      • Insight and strengthened practice - overview
      • Can the concern be addressed?
      • Has the concern been addressed?
      • Is it highly unlikely that the conduct will be repeated?
    • Engaging with your case
  • Screening
    • Our overall approach
      • Our overall approach - overview
      • The Three Stages of our Screening Decision
      • Clinical advice
      • Referrals to other regulators
      • Referrers that wish to remain anonymous
      • Whistleblowing
      • If we don't refer a case
    • Determining the regulatory concern
      • Determining the regulatory concern - overview
      • Identifying and explaining regulatory concerns
      • Regulatory concerns in health cases
    • Screening incorrect or fraudulent entry cases
  • Interim Orders
    • Interim orders, their purpose, and our powers to impose them
    • Applying the interim order test
      • Decision making factors for interim orders
      • Interim orders and fraudulent or incorrect entry allegations
      • Interim orders and not having the necessary knowledge of English
    • Applications for interim orders
    • Review periods, extensions and multiple referrals
  • Investigations
    • Gathering information
    • Investigating health concerns
    • Directions to take a language assessment
    • Investigating what caused the death or serious harm of a patient
    • Independent experts
    • Investigating at the same time as other organisations
  • Case Examiners
    • How case examiners decide there is a case to answer
    • Available outcomes
      • Available outcomes - overview
      • Advice
      • Warnings
      • Undertakings
    • Reconsidering closed cases
    • When we revisit case to answer decisions
  • Preparing for the FtP Committee
    • Reviewing cases after they get referred to the FtPC
    • Drafting charges
      • Why do we have guidance on charges?
      • Jargon buster
      • General approach
      • How a charge becomes final
      • Practical drafting issues
      • Particular features of misconduct charging
      • Drafting charges in health cases
      • Other fitness to practise charges
      • Multiple allegations
      • Drafting charges in incorrect or fraudulent entry cases
    • Documents panels use when deciding cases
    • Gathering further evidence after the investigation
    • Disclosure
    • Notice of our hearings and meetings
  • Case management
    • Hearing fitness to practise allegations together
    • Telephone conferences
    • Preliminary meetings
    • Dealing with cases at hearings or meetings
    • Voluntary removal
      • Voluntary removal - overview
      • How does the voluntary removal process work?
      • Decision making
      • Circumstances when VR will not be appropriate
      • Applying the voluntary removal criteria to particular cases
      • Readmission to the register
    • Cancelling hearings
    • Constitution of panels
    • Proceeding with hearings when the nurse, midwife or nursing associate is absent
    • Case management during hearings
    • Hearings in private and in public
    • When we postpone or adjourn hearings
  • FtP Committee decision making
    • Consensual panel determination
      • Consensual panel determination - overview
      • Essential criteria
      • The process
    • Offering no evidence
    • Abuse of process
    • Directing further investigation during a hearing
    • Evidence
    • Making decisions on dishonesty charges
    • Voluntary removal at hearings
    • Deciding on incorrect or fraudulent entry
  • Sanctions
    • Factors to consider before deciding on sanctions
    • Considering sanctions for serious cases
    • Available sanction orders
      • Available sanction orders - overview
      • No further action
      • Caution order
      • Conditions of practice order
      • Suspension order
      • Striking-off order
    • Available orders for fraudulent or incorrect entry
    • Interim orders after a sanction is imposed
    • Directing reviews of substantive orders
  • Reviews
    • Reviewing case examiner decisions
      • Reviewing case examiner decisions - overview
      • Stage one: should we start a review?
      • Stage two: what happens during the review process?
    • Interim order reviews
      • Interim order reviews - overview
      • What happens at an interim order review?
      • Early reviews
      • Notice
    • Substantive order reviews
      • Substantive order reviews - overview
      • Standard reviews before expiry
      • Early review
      • Exceptional cases: changing orders with immediate effect at a standard review
      • Review of striking-off orders
      • New allegations
      • Reviewing orders when there may have been a breach
      • Reviews where an interim order is in place
      • Allowing orders to expire when a nurse or midwife’s registration will lapse
  • Appeals and restoration
    • Appeals against panel decisions
    • Restoration
      • Restoration - overview
      • Deciding on applications for restoration
      • Powers of the Fitness to Practise Committee at a restoration hearing
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  • Last updated: 26/11/2018

FtP library

  • Understanding Fitness to Practise
    • Aims and principles for fitness to practise
    • Allegations we consider
      • Allegations we consider - overview
      • Misconduct
      • Lack of competence
      • Criminal convictions and cautions
        • Criminal convictions and cautions - overview
        • Directly referring specified offences to the Fitness to Practise Committee
        • Criminal offences we don't investigate
      • Health
      • Not having the necessary knowledge of English
      • Determinations by other health or social care organisations
      • Fraudulent or incorrect entry to the register
        • Fraudulent or incorrect entry to the register - overview
        • Types of incorrect or fraudulent entry cases
        • Dual registration
    • How we determine seriousness
      • How we determine seriousness - overview
      • Serious concerns which are more difficult to put right
      • Serious concerns which could result in harm to patients if not put right
      • Serious concerns based on public confidence or professional standards
    • Why we screen cases
    • When we use interim orders
    • Investigations
    • Examining cases
    • How we manage cases
    • Meetings and hearings
    • Resolving cases by agreement
    • What sanctions are and when we might use them
    • Taking account of context
      • Taking account of context - overview
      • 1: We’ll approach cases on the basis that most people referred to us are normally safe
      • 2: We’ll seek to build an accurate picture about the nurse, midwife or nursing associate’s practising history
      • 3: We’ll always carefully consider evidence of discrimination, victimisation, bullying or harassment
      • 4: Where risks are caused by system and process failures, we’ll concentrate on the action we can take to help resolve the underlying issues
      • 5: In cases where a nurse, midwife or nursing associate was required to use their professional judgement we’ll respond proportionately
      • 6: Evidence of steps the nurse, midwife or nursing associate has taken to address serious concerns caused by a gap in knowledge or training or personal context factors
      • 7: We’ll always look into whether group norms or culture influenced an individual’s behaviour before taking action
      • 8: Where an incident has occurred because of cultural problems, we’ll concentrate on taking action to minimise the risk of the same thing happening again
      • What context factors we think are important to know about when considering a case
    • Insight and strengthened practice
      • Insight and strengthened practice - overview
      • Can the concern be addressed?
      • Has the concern been addressed?
      • Is it highly unlikely that the conduct will be repeated?
    • Engaging with your case
  • Screening
    • Our overall approach
      • Our overall approach - overview
      • The Three Stages of our Screening Decision
        • The Three Stages of our Screening Decision - overview
        • Stage One: Do we have a written concern about a nurse, midwife or nursing associate on our register?
        • Stage Two: Is there evidence of a serious concern that could require us to take regulatory action to protect the public
        • Stage Three: Is there clear evidence to show that the nurse, midwife or nursing associate is currently fit to practise?
      • Clinical advice
      • Referrals to other regulators
      • Referrers that wish to remain anonymous
      • Whistleblowing
      • If we don't refer a case
    • Determining the regulatory concern
      • Determining the regulatory concern - overview
      • Identifying and explaining regulatory concerns
      • Regulatory concerns in health cases
    • Screening incorrect or fraudulent entry cases
  • Interim Orders
    • Interim orders, their purpose, and our powers to impose them
    • Applying the interim order test
      • Decision making factors for interim orders
      • Interim orders and fraudulent or incorrect entry allegations
      • Interim orders and not having the necessary knowledge of English
    • Applications for interim orders
    • Review periods, extensions and multiple referrals
  • Investigations
    • Gathering information
    • Investigating health concerns
    • Directions to take a language assessment
    • Investigating what caused the death or serious harm of a patient
    • Independent experts
    • Investigating at the same time as other organisations
  • Case Examiners
    • How case examiners decide there is a case to answer
    • Available outcomes
      • Available outcomes - overview
      • Advice
      • Warnings
      • Undertakings
    • Reconsidering closed cases
    • When we revisit case to answer decisions
  • Preparing for the FtP Committee
    • Reviewing cases after they get referred to the FtPC
    • Drafting charges
      • Why do we have guidance on charges?
      • Jargon buster
      • General approach
      • How a charge becomes final
      • Practical drafting issues
      • Particular features of misconduct charging
      • Drafting charges in health cases
      • Other fitness to practise charges
      • Multiple allegations
      • Drafting charges in incorrect or fraudulent entry cases
    • Documents panels use when deciding cases
    • Gathering further evidence after the investigation
    • Disclosure
    • Notice of our hearings and meetings
  • Case management
    • Hearing fitness to practise allegations together
    • Telephone conferences
    • Preliminary meetings
    • Dealing with cases at hearings or meetings
    • Voluntary removal
      • Voluntary removal - overview
      • How does the voluntary removal process work?
      • Decision making
      • Circumstances when VR will not be appropriate
      • Applying the voluntary removal criteria to particular cases
      • Readmission to the register
    • Cancelling hearings
    • Constitution of panels
    • Proceeding with hearings when the nurse, midwife or nursing associate is absent
    • Case management during hearings
    • Hearings in private and in public
    • When we postpone or adjourn hearings
  • FtP Committee decision making
    • Consensual panel determination
      • Consensual panel determination - overview
      • Essential criteria
      • The process
    • Offering no evidence
    • Abuse of process
    • Directing further investigation during a hearing
    • Evidence
    • Making decisions on dishonesty charges
    • Voluntary removal at hearings
    • Deciding on incorrect or fraudulent entry
  • Sanctions
    • Factors to consider before deciding on sanctions
    • Considering sanctions for serious cases
    • Available sanction orders
      • Available sanction orders - overview
      • No further action
      • Caution order
      • Conditions of practice order
      • Suspension order
      • Striking-off order
    • Available orders for fraudulent or incorrect entry
    • Interim orders after a sanction is imposed
    • Directing reviews of substantive orders
  • Reviews
    • Reviewing case examiner decisions
      • Reviewing case examiner decisions - overview
      • Stage one: should we start a review?
      • Stage two: what happens during the review process?
    • Interim order reviews
      • Interim order reviews - overview
      • What happens at an interim order review?
      • Early reviews
      • Notice
    • Substantive order reviews
      • Substantive order reviews - overview
      • Standard reviews before expiry
      • Early review
      • Exceptional cases: changing orders with immediate effect at a standard review
      • Review of striking-off orders
      • New allegations
      • Reviewing orders when there may have been a breach
      • Reviews where an interim order is in place
      • Allowing orders to expire when a nurse or midwife’s registration will lapse
  • Appeals and restoration
    • Appeals against panel decisions
    • Restoration
      • Restoration - overview
      • Deciding on applications for restoration
      • Powers of the Fitness to Practise Committee at a restoration hearing

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