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Essential criteria

Reference: DMA-1a

Last Updated 06/07/2018


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We 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

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A 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

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As 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.

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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