New allegations
If we receive information about the practice of a nurse, midwife or nursing associate which suggests that there has been further misconduct, poor practice or difficulties caused by health or lack of knowledge of English, since a substantive order was put in place, we have to decide whether a panel should be made aware of the new allegation as part of the review process, or whether we should treat the information as a new referral.
Generally, we would make the reviewing panel aware of the new information when:
- it relates to the existing order, for example it suggests that there may have been a breach of conditions of practice
- the original case arose due to clinical or competence concerns, and the new information suggests that similar poor practice to those previously proved have occurred again
- it relates to health, for example it suggests that the nurse, midwife or nursing associate’s health condition (already established before a practice committee) has deteriorated.
If we decide not inform the reviewing panel of the new information, but to treat the information as a new referral, we will refer it to our screening team.
They will decide whether there should be a new investigation into the nurse, midwife or nursing associate’s fitness to practise.
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- Last Updated: 12/10/2018
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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Related guides
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
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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: We’ll look for evidence of remediation where a serious concern was 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
- Remediation and insight
-
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
- 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
-
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
-
Reviews
- Reviewing case examiner decisions
- Interim order reviews
-
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