What is a case to answer decision?

Reference: CAS-1a

Last Updated 28/07/2017

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‘Case to answer’ is a phrase used in different ways across different legal and non-legal contexts. For case examiners in our fitness to practise process, deciding whether or not a nurse or midwife has a case to answer has a very specific meaning. This is not simply whether there is evidence that supports the concerns in the case, but whether there is a realistic prospect that the Fitness to Practise Committee would find the nurse or midwife’s fitness to practise to be currently impaired.

In deciding whether a nurse or midwife has a case to answer, case examiners do not decide whether the case against the nurse or midwife is proved, whether or not the incidents in the case happened, or whether or not the nurse or midwife is fit to practise. These decisions should only be taken by the Fitness to Practise Committee.