Interim orders and not having the necessary knowledge of English
In this guide
Overview
Back to topSince the main purpose of an interim order is to protect the public while the case is being investigated, when a case involves language concerns the following factors should be considered:
- The severity of any actual or potential clinical risk or harm caused to patients, which is related to the alleged lack of knowledge of English.
- The results of any language assessment taken by the nurse, midwife oer nursing associate, and
- any refusal or persistent failure to undergo an assessment.
Ensuring we are proportionate
Back to topPanels will always assess whether workable and proportionate conditions can be applied to deal with the risks presented by the nurse, midwife or nursing associate’s knowledge of English.
In doing this, the panel should bear in mind the powers available to the Registrar when investigating the case, one of which includes a power to direct the nurse, midwife or nursing associate to take a language test and provide us with the results by a specific date.
So for example a proportionate measure to protect patients could include supervision or observation by other nurses, midwives or nursing associates, whereas ordering a nurse, midwife or nursing associate to take a language test would be less proportionate in terms of protecting the public.
If an interim order is imposed, a practice committee will review it regularly.
1 Rule 6B(3B) of the Fitness to Practise Rules 2004.
- Download
- Email Page
- Last Updated: 11/10/2018
The guidance in our library, needs to be read alongside our NMC Guidance during the Covid-19 emergency period. We have new rules that are in force during the period of the coronavirus emergency that are relevant to how it applies.
Want to download and print whole sections of this FtP library? Visit the downloads page.
Related guides
FtP library
-
Understanding Fitness to Practise
- Aims and principles for fitness to practise
- Allegations we consider
- How we determine seriousness
- Why we screen cases
- When we use interim orders
- Investigations
- Examining cases
- How we manage cases
- Meetings and hearings
- Resolving cases by agreement
- What sanctions are and when we might use them
- Remediation and insight
-
Screening
-
The four stages of our screening decision
- The four stages of our screening decision - overview
- Stage one: Determine if the concern is serious enough to affect fitness to practise
- Stage two: Check it meets our formal requirements
- Stage three: Check whether we can obtain credible evidence
- Stage four: Check for evidence of remediation
- Cases not referred for further investigation
- Determining the regulatory concern
- Screening incorrect or fraudulent entry cases
-
The four stages of our screening decision
- Interim Orders
- Investigations
- Case Examiners
- Preparing for the FtP Committee
-
Case management
- Hearing fitness to practise allegations together
- Telephone conferences
- Preliminary meetings
- Dealing with cases at hearings or meetings
- Voluntary removal
- Cancelling hearings
- Constitution of panels
- Proceeding with hearings when the nurse, midwife or nursing associate is absent
- Case management during hearings
- Hearings in private and in public
- When we postpone or adjourn hearings
- FtP Committee decision making
- Sanctions
-
Reviews
- Reviewing case examiner decisions
- Interim order reviews
-
Substantive order reviews
- Substantive order reviews - overview
- Standard reviews before expiry
- Early review
- Exceptional cases: changing orders with immediate effect at a standard review
- Review of striking-off orders
- New allegations
- Reviewing orders when there may have been a breach
- Reviews where an interim order is in place
- Allowing orders to expire when a nurse or midwife’s registration will lapse
- Appeals and restoration