Essential criteria

Reference: DMA-1a

Last Updated 23/06/2021

Overview

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We’ll only consider a consensual panel determination agreement after the case examiners have decided that there’s a case to answer and have referred the case to the Fitness to Practise Committee. We’ll also consider one if the case has been directly referred to the Fitness to Practise Committee.

Additionally, the nurse, midwife or nursing associate must have indicated that they accept the facts of the allegation and that their fitness to practise is impaired.

Admission of the facts

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A nurse, midwife or nursing associate must accept the facts of the allegation in full.
We won’t drop serious parts of the factual allegation in exchange for admissions to other parts.

If parts of the factual allegation don’t increase the overall seriousness of the case, or it’s highly unlikely parts of the factual allegation can be proved, we’ll consider no longer proceeding with that part of the allegation.

Where we don't proceed with a factual allegation that the case examiners referred, the reasons for this must be set out as part of the agreement provided to the panel according to our guidance on Offering No Evidence.

Admission of impairment

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As well as admitting the factual allegations, the nurse, midwife or nursing associate must also accept that their fitness to practise is impaired. This includes accepting the grounds on which their fitness to practise is impaired, for example, in a misconduct case accepting that the factual allegations amount to misconduct.

This shows a level of insight that’s essential for a sanction to be agreed and for the case to be resolved by a consensual panel determination agreement.

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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