Written decision

Reference: HEA-14b

Last Updated 28/07/2017

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All panel decisions from hearings and meetings are recorded in writing and published on our website. Panels should carefully consider what information should appear in the public decision. In some circumstances it may be appropriate to produce two decision documents: one marked as public and one marked as private. Sometimes matters may arise in a hearing that require the panel to review what information should be in the public reasons document. It is for the panel to decide what information should form part of the private reasons and what information should form part of the public reasons. Panel decisions are published on our website in accordance with our publication guidance.1

A panel should always keep under review the question of what information could be classed as private information. Matters that involve health and children will almost always fall into this category and should typically be removed from the public decision document. However, there may sometimes be other matters of a private nature that require the panel to carefully balance the interests of all the parties with the public interest, for example, the identity of a third party.

The panel will need to balance the need for transparent decision-making with protecting the interests of the various parties to the case including the nurse or midwife, witnesses, complainants or service users.

At the conclusion of the hearing we publish the public decision on our website. However, in exceptional cases the panel will need to consider if the decision should be published at all. If there are representations from either party about publishing the decision, the panel should consider the reasons for the request and then balance the public interest of matters being reported against the reasons for the application. If the panel decide that the decision is not to be published on the website it should give written reasons for this decision.

1 See our Privacy notice at https://www.nmc.org.uk/contact-us/foi-and-dpa/privacy/