Substantive order reviews
A substantive order review is where a panel of the Fitness to Practise Committee (panel) meets to review a sanction order made at a final (or substantive) hearing or meeting. A panel considers whether the substantive order currently in place, or a different order, is needed to:
- protect the public from a risk of harm presented by the nurse, midwife or nursing associate
- maintain public confidence in the nursing and midwifery professions
- declare and uphold proper standards of conduct and behaviour.
This makes sure that nurses, midwives and nursing associates who are subject to these orders are only allowed to return to unrestricted practice if a panel finds that their fitness to practise is no longer impaired for any of these reasons.
Suspension orders and conditions of practice orders must be reviewed before they expire,1 unless the panel that makes the order also directs that a review is not needed.2
The nurse, midwife or nursing associate who is subject to a caution order, conditions of practice order or suspension order can request that an early review of the order takes place before a panel. We may also apply for an early review because we have decided that new information means that it would be in the public interest for a panel to review the existing order3. In certain circumstances it may be appropriate to review a striking off order where new evidence becomes available4.
1Article 30(1) of the Nursing and Midwifery Order 2001 (‘the Order’)
2Article 29(8A) of the Order
3Article 30(2) of the Order
4Article 30(7) of the Order
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- Last Updated: 28/07/2017
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