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FtP library
Understanding Fitness to Practise
Aims and principles for fitness to practise
Allegations we consider
Allegations we consider - overview
Misconduct
Lack of competence
Criminal convictions and cautions
Health
Not having the necessary knowledge of English
Determinations by other health or social care organisations
Fraudulent or incorrect entry to the register
How we determine seriousness
How we determine seriousness - overview
Serious concerns which are more difficult to put right
Serious concerns which could result in harm to patients if not put right
Serious concerns based on the need to promote public confidence in nurses and midwives
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
Remediation and insight - overview
Is the concern remediable?
Has the concern been remedied?
Is it highly unlikely that the conduct will be repeated?
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
Determining the regulatory concern - overview
Identifying and explaining regulatory concerns
Regulatory concerns in health cases
Screening incorrect or fraudulent entry cases
Interim Orders
Interim orders, their purpose, and our powers to impose them
Applying the interim order test
Decision making factors for interim orders
Interim orders and fraudulent or incorrect entry allegations
Interim orders and not having the necessary knowledge of English
Applications for interim orders
Review periods, extensions and multiple referrals
Investigations
Gathering information
Investigating health concerns
Directions to take a language assessment
Investigating what caused the death or serious harm of a patient
Independent experts
Investigating at the same time as other organisations
Case Examiners
How case examiners decide there is a case to answer
Available outcomes
Available outcomes - overview
Advice
Warnings
Undertakings
Reconsidering closed cases
Preparing for the FtP Committee
Reviewing cases after they get referred to the FtPC
Drafting charges
Why do we have guidance on charges?
Jargon buster
General approach
How a charge becomes final
Practical drafting issues
Particular features of misconduct charging
Drafting charges in health cases
Other fitness to practise charges
Multiple allegations
Documents panels use when deciding cases
Gathering further evidence after the investigation
Disclosure
Notice of our hearings and meetings
Case management
Hearing fitness to practise allegations together
Telephone conferences
Preliminary meetings
Dealing with cases at hearings or meetings
Voluntary removal
Voluntary removal - overview
How does the voluntary removal process work?
Decision making
Circumstances when VR will not be appropriate
Applying the voluntary removal criteria to particular cases
Readmission to the register
Cancelling hearings
Constitution of panels
Proceeding with hearings when the nurse or midwife is absent
Case management during hearings
Hearings in private and in public
When we postpone or adjourn hearings
FtP Committee decision making
Consensual panel determination
Consensual panel determination - overview
Essential criteria
The decision making process
Offering no evidence
Abuse of process
Directing further investigation during a hearing
Evidence
Making decisions on dishonesty charges
Voluntary removal at hearings
Deciding on incorrect or fraudulent entry
Sanctions
Factors to consider before deciding on sanctions
Considering sanctions for serious cases
Available sanction orders
Available sanction orders - overview
No further action
Caution order
Conditions of practice order
Suspension order
Striking-off order
Available orders for fraudulent or incorrect entry
Interim orders after a sanction is imposed
Directing reviews of substantive orders
Reviews
Reviewing case examiner decisions
Reviewing case examiner decisions - overview
Stage one: should we start a review?
Stage two: what happens during the review process?
Interim order reviews
Interim order reviews - overview
What happens at an interim order review?
Early reviews
Notice
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
Appeals against panel decisions
Restoration
Restoration - overview
Deciding on applications for restoration
Powers of the Fitness to Practise Committee at a restoration hearing
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FtP library
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On this page you can print or create a PDF of a whole section within the guidance library.
Case management
16 guides
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FtP Committee decision making
10 guides
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Reviews
16 guides
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Appeals and restoration
4 guides
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Screening
10 guides
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Understanding Fitness to Practise
29 guides
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Interim Orders
6 guides
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Case Examiners
6 guides
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Investigations
6 guides
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Preparing for the FtP Committee
14 guides
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Sanctions
11 guides
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Criteria
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