Notice of final, substantive order review or restoration hearings

Reference: HEA-2d

Last Updated 28/07/2017

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We must send notice of a final (or ‘substantive’), substantive order review or restoration hearing to the nurse or midwife no less than 28 days before the hearing.1

The notice will inform the nurse or midwife of the date, time and venue of the hearing. We may have to change the venue of the hearing after the notice has been sent. If this happens we will inform the nurse or midwife of this change of venue, in writing where possible.

The notice will also inform the nurse or midwife of their right to:

  • attend, be represented and present their own evidence
  • call witnesses to give evidence on their behalf
  • cross examine any witnesses that we call to give evidence.

It will further inform the nurse or midwife that a panel of the Fitness to Practise Committee (the panel) can proceed in their absence if they do not attend, and impose an interim order where appropriate.

We will also invite the nurse or midwife to tell us if they plan on attending the hearing, and if they will be represented, or if they are not attending whether they will be represented in their absence. We ask them to tell us this within 14 days of the notice being received.

Allegations relating solely to a nurse or midwife’s health are held in private. The notice will let the nurse or midwife know that they can request that their hearing is held in public.

The notice of final hearing will contain a charge that sets out the allegations in detail, including the facts that the panel will consider. In the notice we ask the nurse or midwife to respond to the allegations and let them know that any admissions made will be taken into account by the panel considering their case. We will also tell the nurse or midwife of possible actions that the panel may take at the hearing. This includes the sanctions that a panel may impose on the nurse or midwife if their fitness to practise is found impaired.

For substantive order review or restoration hearings, the notice must contain a copy of the order made against the nurse or midwife at the final hearing and the panel’s reasons for making that order. If an early substantive order review is required, we will inform the nurse or midwife that the order is being held under the panel’s power of early review.

In addition to our legal requirements, we include other information that we feel will help the nurse or midwife to prepare for their hearing. This includes links to our website about the hearing process.

1 Rule 11(1)(b) of the Rules