The sanctions available
The Committee should consider the full range of sanctions open to them. This section of the guidance deals with each of the sanctions in turn, starting with the least serious first. These are:
- taking no further action
- a caution order of between one and five years
- a conditions of practice order of up to three years
- a suspension order of up to twelve months
- a striking-off order
Because sanctions should be proportionate to the facts and impairment found, the Committee should start by considering sanctions that have the least impact on practice (that is, no further action).
If the sanction with the least impact isn’t enough to achieve public protection, the Committee should consider the next most serious sanction. This should continue until the Committee finds the sanction that is enough to achieve public protection. It is necessary that the Committee should then consider the next most serious sanction and explain why it is not required. The explanation should be more than saying that it would be disproportionate, and instead explain why it would be disproportionate.
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- Last Updated: 28/01/2026
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FtP library
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Understanding Fitness to Practise
- Aims and principles for fitness to practise
- Allegations we consider
- When we use interim orders
- Our 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: Evidence of steps the nurse, midwife or nursing associate has taken to address serious concerns 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
- Our culture of curiosity
- Decisions of the Disclosure and Barring Service (DBS) and Disclosure Scotland
- Insight and strengthened practice
- Engaging with your case
- Screening
- Interim Orders
- Investigations
- Case Examiners
- Preparing for the FtP Committee
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Case management
- Hearing fitness to practise allegations together
- Case conferences
- Preliminary meetings
- Considering cases at meetings and hearings
- Removal by Agreement
- 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
- Supporting people to give evidence in hearings
- FtP Committee decision making
- Sanctions
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Reviews
- Reviewing case examiner decisions
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Substantive order reviews
- Substantive order reviews - overview
- Standard reviews of substantive orders before they expire
- Early review of a substantive order
- 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
- Removal from the register when there is a substantive order in place
- Appeals and restoration