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In this guide
Overview
Back to topWe will only consider resolving a case by consent after the case examiners have decided that there is a case to answer and have referred the case to the Fitness to Practise Committee, or if the case has been directly referred to the Fitness to Practise Committee. Additionally, the nurse or midwife will have indicated that they accept the facts of the allegation and that their fitness to practise is impaired.
Admission of the facts
Back to topA nurse or midwife must accept the facts of the allegation in full. We will not drop serious parts of the factual allegation in exchange for admissions to other parts. If parts of the factual allegation do not increase the overall seriousness of the case or where there is no longer a realistic chance that part of the factual allegation will be proved, we will consider no longer proceeding with that part of the allegation. Where we do not proceed with a factual allegation which was referred by the Case Examiners, the reasons for this must be set out as part of the agreement provided to the panel in accordance with our guidance on Offering No Evidence.
Admission of impairment
Back to topAs well as admitting the factual allegations, the nurse or midwife must also admit that their fitness to practise is impaired. This shows a level of insight and is essential for a sanction to be agreed and for the case to be resolved by consent. A panel of the Fitness to Practise Committee will make the final decision on impairment and sanction.
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- Last Updated: 06/07/2018
The guidance in our library, needs to be read alongside our NMC Guidance during the Covid-19 emergency period. We have new rules that are in force during the period of the coronavirus emergency that are relevant to how it applies.
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Related guides
FtP library
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Understanding Fitness to Practise
- Aims and principles for fitness to practise
- Allegations we consider
- How we determine seriousness
- 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
- Remediation and insight
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Screening
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The four stages of our screening decision
- The four stages of our screening decision - overview
- Stage one: Determine if the concern is serious enough to affect fitness to practise
- Stage two: Check it meets our formal requirements
- Stage three: Check whether we can obtain credible evidence
- Stage four: Check for evidence of remediation
- Cases not referred for further investigation
- Determining the regulatory concern
- Screening incorrect or fraudulent entry cases
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The four stages of our screening decision
- Interim Orders
- Investigations
- Case Examiners
- Preparing for the FtP Committee
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Case management
- Hearing fitness to practise allegations together
- Telephone conferences
- Preliminary meetings
- Dealing with cases at hearings or meetings
- Voluntary removal
- Cancelling hearings
- Constitution of panels
- Proceeding with hearings when the nurse or midwife is absent
- Case management during hearings
- Hearings in private and in public
- When we postpone or adjourn hearings
- FtP Committee decision making
- Sanctions
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Reviews
- Reviewing case examiner decisions
- Interim order reviews
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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