Notice of interim order

Reference: HEA-2b

Last Updated 28/07/2017

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There is no minimum notice period for an interim order hearing. The notice we give must be reasonable in the circumstances of the case.1 There is no definition of what amounts to reasonable notice. See our interim order guidance for further details.

For an initial interim order hearing we try to give at least seven days’ notice, however this may be shorter in certain cases. For instance, if the allegations are particularly serious, or we feel there are urgent public protection needs then we can send the notice less than seven days before the hearing.

If the nurse or midwife does not attend the interim order hearing, when assessing reasonableness, a panel should consider:

  • the nature of the allegation
  • the primary objective of public protection, and
  • the fairness of the interim order procedure as a whole.2

We request interim orders because there may be a public interest in the nurse or midwife’s practice being restricted as a matter of urgency. So it may be reasonable to continue with a hearing despite the nurse or midwife only having a few days’ notice of it. If a panel makes an order and the nurse or midwife was unable to attend the hearing or provide detailed submissions because of the shorter notice period, we can schedule an early review.

For review hearings we try to give fourteen days’ notice, but there may be instances where we provide a shorter timeframe. See our Interim order reviews guidance for further details.

We may also review interim orders at meetings if there is no change in circumstance since the order was made. The nurse or midwife will not be sent a notice of this meeting in advance.

1 Rule 8(4) of the Rules
2 Rule 8(6) of the Rules