Finalising the charge

Reference: HEA-1c

Last Updated 28/07/2017

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If, having considered an allegation, the case examiners decide there is a case to answer, and decide to refer the case to the Fitness to Practise Committee, they will do so on the basis of the statement of regulatory concern that we prepared during our investigation. Once a case is sent to the Fitness to Practise Committee, we will then identify the correct head of impairment and draft a charge setting out all the relevant facts, on which the allegation is based.

The notice of hearing containing the charge must be served on the nurse or midwife no later than 28 days before the date fixed for the hearing. If we have served a notice of hearing more than 28 days before the date fixed for the hearing, and wish to change the charge contained within the earlier notice, we may do so provided we serve a further notice of hearing containing the revised charge no later than 28 days before the date fixed for the hearing. Where this happens, the second notice must make clear that it supersedes the first notice.

If we wish to amend the charge contained within the notice of hearing, and the hearing is less than 28 days away, we must make an application to the relevant practice committee panel, which may at any stage before making its findings of fact allow an amendment to the charge or the facts set out within the charge. If we do not wish to proceed with our case on all or part of the charge, we must offer no evidence.