No further action

Reference: SAN-3a

Last Updated 09/04/2018

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No further action at the final hearing

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Having made a finding of impairment of fitness to practise, the Fitness to Practise Committee may decide to take no further action. However, by finding that the nurse or midwife’s fitness to practise to be currently impaired, it will have decided that there is either a continuing risk to patients, or the nurse or midwife’s failures bring the professions into disrepute, or they have breached one of the fundamental tenets of the professions.

For this reason, the Fitness to Practise Committee will generally need to take action to secure patient safety, to secure public trust and confidence in the profession, or to declare and uphold proper standards of conduct and behaviour.

Before taking no further action, there would need to be cogent evidence for any factors taken into consideration. The Fitness to Practise Committee will set out very clearly the reasons why it considered it appropriate to take no further action (notwithstanding that the nurse or midwife’s fitness to practise is currently impaired) and carefully identify the circumstances that would justify the decision.

No further action at a review hearing

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At review hearings, panels decide whether a nurse or midwife’s fitness to practise is still impaired after they have been subject to the order that is being reviewed. In certain circumstances, when the review panel finds the nurse or midwife’s fitness to practise is still impaired, allowing a suspension or conditions of practice order to expire may actually be the best way to protect the public from concerns about a nurse or midwife’s practice.

Our guidance on allowing orders to expire when a nurse or midwife’s registration will lapse explains how they can do this by making a finding of impairment but then taking no further action.