Decisions by the Chair

Reference: HEA-6a

Last Updated 28/07/2017

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The Chair can issue directions for the parties to comply with. The directions can include:1

  • time limits for the service and disclosure of evidence
  • the length of the hearing and any dates parties or their witnesses would not be able to attend the hearing
  • special measures to be put in place at the hearing for vulnerable witnesses
  • that the nurse or midwife undertake a language test
  • a requirement that the parties state whether the health of the nurse or midwife is to be raised as an issue in the proceedings, and if so, whether medical reports are needed
  • an agreed statement of facts where the facts are not in dispute, or the issue of misconduct is admitted
  • that a scheduled final hearing be postponed or cancelled
  • that cases should be dealt with together at the final hearing.

The Chair cannot make decisions involving the costs of attending a hearing or whether the hearing should be at a different venue.

In considering what directions to make, the Chair should think about how their decision will help the committee to deal with the allegations of impaired fitness to practise proportionately and effectively. The Chair is not limited to only making directions about issues raised by the parties.

We send all decisions in writing to the nurse or midwife after the preliminary meeting.

1 Rule 18(5) of the Rules and article 32(3) of the of the Nursing and Midwifery Order 2001