Is it highly unlikely that the conduct will be repeated?

Reference: GUI-4c

Last Updated 28/07/2017

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When considering how likely it is that conduct will be repeated, decision makers will assess the extent of the nurse or midwife’s insight into the concerns, and will also consider whether the steps taken to remedy concerns are sufficient.

Decision makers will consider whether a repeat of the conduct that caused concerns. When doing this, they should take into account whether the nurse or midwife has been practising in a similar environment to where the conduct took place. If they have, and have therefore been exposed to occasions when there was a risk of past conduct being repeated, then the absence of repetition will be significant. If they have not been practising in a similar environment (whether because restrictions have been placed on their practice or for any other reason), the absence of repetition will be of little or no relevance.

Decision makers can also take into account the full circumstances of the case. The likelihood of the conduct being repeated in the future may be reduced where:

  • The nurse or midwife has demonstrated sufficient insight and has taken appropriate steps to remedy any concerns arising from the allegations.
  • The behaviour in question arose in unique circumstances. While this does not excuse the nurse or midwife’s behaviour, this may suggest that the risk of repetition in the future is reduced.
  • The nurse or midwife has an otherwise positive professional record, including an absence of any other concerns from past or current employers and of any previous action by us or another regulatory body.
  • The nurse or midwife has engaged with us throughout our processes.