Investigating concerns about language competence
In this guide
Overview
Back to topWhen we investigate concerns about a nurse, midwife or nursing associate’s knowledge of English, we can direct them to take a language assessment.
In such cases we use the outcome of the assessment as our key evidence about the nurse, midwife or nursing associate’s fitness to practise.
How do we direct nurses, midwives and nursing associates to take language assessments?
Back to topWe give a direction for them to take a language assessment in writing.
We’ll pay for the cost of the test which we have directed they need to take. We will request that the test be taken by a specific date and that the nurse, midwife or nursing associate give us the results within a timeframe of around 60 days, depending on the circumstances of the case. For example, we could extend the time if a nurse, midwife or nursing associate needed a reasonable adjustment to allow them to take the assessment.
Usually we specify that the test should be an assessment provided by IELTS. However, if the nurse, midwife or nursing associate chose to obtain their own assessment provided by OET we would also accept the result.
What happens if the nurse, midwife or nursing associate doesn’t comply?
Back to topIf we direct a nurse, midwife or nursing associate to take a language test, but they don’t do it, or don’t give us the results, we can use this as evidence that they are not fit to practise because they don’t have the necessary knowledge of English.
This is because the Fitness to Practise Committee can draw conclusions from the nurse, midwife or nursing associate’s failure to follow our direction to them to do the test and give us evidence of the result.1
1. Rule 31(6A) of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004
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- Last Updated: 03/02/2021
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.
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FtP library
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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
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Screening
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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
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The four stages of our screening decision
- Interim Orders
- Investigations
- Case Examiners
- Preparing for the FtP Committee
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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
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Reviews
- Reviewing case examiner decisions
- Interim order reviews
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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