Deciding on incorrect or fraudulent entry
When it considers an allegation of incorrect or fraudulent entry1, the Investigating Committee’s focus is on deciding whether it is more likely than not that our registration, renewal or readmission decision was made based on information that was incorrect or fraudulent.
The Investigating Committee will assess how the nurse, midwife or nursing associate was accepted onto, or remained on our register, in the first place, rather than assessing their current practice.
In doing this, it considers whether the information about the person’s character, qualifications, practice hours or other entry requirements was correct at the time it was submitted.
Because the Committee’s focus is the validity of the original registration, renewal or readmission decision, evidence about the person’s current work or ability to provide care is unlikely to be relevant.
When making these decisions, the Investigating Committee should consider the guidance about incorrect or fraudulent entry allegations.
1 Rule 5 of The Nursing and Midwifery Council (Fitness to Practise) Rules 2004 (‘the Rules’) sets out the procedure to be followed.
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- Last Updated: 12/10/2018
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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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, 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
- 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