Proceeding in absence

Reference: HEA-13

Last Updated 28/07/2017

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A nurse or midwife, or a representative on their behalf, can appear before a panel to address the concerns raised about their fitness to practise.1 The nurse or midwife is entitled to be represented, either by a legally qualified person or by someone else.2

If the nurse or midwife is unable to attend, a panel can choose to proceed with the hearing and impose an interim order or sanction in their absence.3 This underpins our aim to protect the public, by dealing with allegations of impaired fitness to practise at the earliest opportunity by making sure that decisions are not unduly delayed due to a deliberate failure to engage in our proceedings.

1 Article 31(15) and (16) of the Nursing and Midwifery Order 2001 ('the Order')
2 Article 31(16) of the Order
3 Rules 8(6) and 21(2)(b) Nursing and Midwifery Council (Fitness to Practise) Rules 2004