Breach of substantive orders

Reference: REV-3f

Last Updated 28/07/2017

Print

When we receive information that we consider amounts to a breach of a substantive order, we will arrange an early review. Where a nurse or midwife accepts the breach and the facts of the breach, the panel will record this and review the substantive order in light of the new information. Where the breach is not accepted, the panel will conduct a fact finding exercise to decide whether or not there has been a breach of the order. The panel will then conduct a review of the order once they have decided whether the order has been breached.

Where a breach is so serious we will treat the new information as a new referral, taking into account the wider public interest concerns. However, in most cases, substantive order review panels are equipped to deal with any breach of a substantive order.1

See paragraph 25.328 of The Fifth Report to the Shipman Inquiry, where Dame Janet Smith referred to review hearings as, “extremely important, as they are the ‘teeth’ behind the sanctions other than erasure.”