Reviewing case examiner decisions
The Registrar is able to review the following decisions1 made by case examiners (or, where they didn't agree, determinations by the Investigating Committee):
- A no case to answer decision.
- A no case to answer decision where they have given advice or issued a warning.
- A recommendation that undertakings are agreed with the nurse, midwife or nursing associate.
- A recommendation that variations to the undertakings are agreed with the nurse, midwife or nursing associate.
- A decision that undertakings should no longer apply and that the allegation against the nurse, midwife or nursing associate should not be considered further.
At the end of our investigation case examiners or the Investigating Committee consider the evidence and decide if there is a case to answer or if there is no case to answer.
A ‘no case to answer decision’ is when case examiners or the Investigating Committee consider that the facts of the case or the finding of impairment are not capable of being proved, and they either close all of the concerns which have been referred or some of the concerns.
Find out how we check if we can start a review and what happens during the review process.
1 Rule 7A(1)(a-c)
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- Last Updated: 26/06/2020
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