Where do we send notices?

Reference: HEA-2a

Last Updated 28/07/2017

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We send our notice of hearing to the nurse or midwife’s address on our register.1 Nurses and midwives are required to provide us with an up to date address for our register and they should inform us within 28 days of any change of details.2 If we have not been provided with an up to date address, we will send the notice to the last known address if it is more likely to reach them there.3

We will make reasonable efforts to serve the notice on the nurse or midwife. However, information from a third party, for example from an employer or the police, will not lead to an address being treated as a last known address unless it has been confirmed by the nurse or midwife as the correct address to communicate with them. This is because we may have to send confidential and sensitive documents and need to comply with data protection requirements.

We have to send the notice of hearing by post. We use recorded delivery and provide the panel with a copy of the recorded delivery details. We do not have to show that the nurse or midwife has read the notice, only that we have sent it to the correct address, giving enough notice of the hearing in line with our legal requirements.

If we have been told that the nurse or midwife is represented, we may also send a copy of the notice to the representative by post or email.4 Sending notice to the representative is not an alternative and we only do this in addition to sending the notice to the nurse or midwife.

1 Rule 34(1)(a) of the Rules
2 General Medical Council v Olufemi Adeyinka Adeogba, General Medical Council v Evangelos-Efstathios Visvardis, [2016] EWCA Civ 162, paragraphs 21-23
3 Rule 34(1)(b) of the Rules
4 Rule 34(2) of the Rules