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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 public confidence or professional standards
    • 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
    • Taking account of context
      • Taking account of context - overview
      • 1: We’ll approach cases on the basis that most people referred to us are normally safe
      • 2: We’ll seek to build an accurate picture about the nurse, midwife or nursing associate’s practising history
      • 3: We’ll always carefully consider evidence of discrimination, victimisation, bullying or harassment
      • 4: Where risks are caused by system and process failures, we’ll concentrate on the action we can take to help resolve the underlying issues
      • 5: In cases where a nurse, midwife or nursing associate was required to use their professional judgement we’ll respond proportionately
      • 6: Evidence of steps the nurse, midwife or nursing associate has taken to address serious concerns caused by a gap in knowledge or training or personal context factors
      • 7: We’ll always look into whether group norms or culture influenced an individual’s behaviour before taking action
      • 8: Where an incident has occurred because of cultural problems, we’ll concentrate on taking action to minimise the risk of the same thing happening again
      • What context factors we think are important to know about when considering a case
    • Insight and strengthened practice
      • Insight and strengthened practice - overview
      • Can the concern be addressed?
      • Has the concern been addressed?
      • Is it highly unlikely that the conduct will be repeated?
    • Engaging with your case
  • Screening
    • Our overall approach
      • Our overall approach - overview
      • The Three Stages of our Screening Decision
      • Clinical advice
      • Referrals to other regulators
      • Referrers that wish to remain anonymous
      • Whistleblowing
      • If we don't refer a case
    • 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
    • When we revisit case to answer decisions
  • 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
      • Drafting charges in incorrect or fraudulent entry cases
    • 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, 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
    • Consensual panel determination
      • Consensual panel determination - overview
      • Essential criteria
      • The 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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  • Reviews

Reviews 16 Guides

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Reviewing case examiner decisions

Stage one: should we start a review?
Stage two: what happens during the review process?
file

Interim order reviews

What happens at an interim order review?
Early reviews
Notice
file

Substantive order reviews

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
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  • Last updated: 26/11/2018

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
        • Criminal convictions and cautions - overview
        • Directly referring specified offences to the Fitness to Practise Committee
        • Criminal offences we don't investigate
      • Health
      • Not having the necessary knowledge of English
      • Determinations by other health or social care organisations
      • Fraudulent or incorrect entry to the register
        • Fraudulent or incorrect entry to the register - overview
        • Types of incorrect or fraudulent entry cases
        • Dual registration
    • 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 public confidence or professional standards
    • 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
    • Taking account of context
      • Taking account of context - overview
      • 1: We’ll approach cases on the basis that most people referred to us are normally safe
      • 2: We’ll seek to build an accurate picture about the nurse, midwife or nursing associate’s practising history
      • 3: We’ll always carefully consider evidence of discrimination, victimisation, bullying or harassment
      • 4: Where risks are caused by system and process failures, we’ll concentrate on the action we can take to help resolve the underlying issues
      • 5: In cases where a nurse, midwife or nursing associate was required to use their professional judgement we’ll respond proportionately
      • 6: Evidence of steps the nurse, midwife or nursing associate has taken to address serious concerns caused by a gap in knowledge or training or personal context factors
      • 7: We’ll always look into whether group norms or culture influenced an individual’s behaviour before taking action
      • 8: Where an incident has occurred because of cultural problems, we’ll concentrate on taking action to minimise the risk of the same thing happening again
      • What context factors we think are important to know about when considering a case
    • Insight and strengthened practice
      • Insight and strengthened practice - overview
      • Can the concern be addressed?
      • Has the concern been addressed?
      • Is it highly unlikely that the conduct will be repeated?
    • Engaging with your case
  • Screening
    • Our overall approach
      • Our overall approach - overview
      • The Three Stages of our Screening Decision
        • The Three Stages of our Screening Decision - overview
        • Stage One: Do we have a written concern about a nurse, midwife or nursing associate on our register?
        • Stage Two: Is there evidence of a serious concern that could require us to take regulatory action to protect the public
        • Stage Three: Is there clear evidence to show that the nurse, midwife or nursing associate is currently fit to practise?
      • Clinical advice
      • Referrals to other regulators
      • Referrers that wish to remain anonymous
      • Whistleblowing
      • If we don't refer a case
    • 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
    • When we revisit case to answer decisions
  • 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
      • Drafting charges in incorrect or fraudulent entry cases
    • 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, 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
    • Consensual panel determination
      • Consensual panel determination - overview
      • Essential criteria
      • The 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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