Directing reviews of substantive orders
When a panel of the Fitness to Practise Committee imposes conditions of practice orders or suspension orders, it will need to decide whether a review is necessary.
Where no review is ordered, the order will expire at the end of its period.
As conditions of practice orders are usually imposed to protect the public from a risk to patients, it is unlikely that the order should be allowed to expire without review by a panel, as they will need to assess if an order is still necessary.
If a finding of impairment is made to promote and maintain public confidence in the professions or proper professional standards and conduct, and the nurse, midwife or nursing associate does not present a current risk to patients, the panel may conclude that a review would serve no purpose, and therefore decide not to require a review.
Panels should always give reasons for their decision.
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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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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
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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