Cases that may involve incorrect or fraudulent entry
In this guide
How we decide whether an allegation is about a register entry
Back to topWe sometimes receive allegations that could either be described as:
- allegations about a nurse, midwife or nursing associate’s fitness to practise, or
- allegations about whether their entry on the register is fraudulent or incorrect.
An example if an allegation that a nurse, midwife or nursing associate gave us false information as part of revalidation, this could equally be misconduct that affects their fitness to practise, or grounds to investigate whether their entry on our register is fraudulent.
When this situation arises we usually prioritise the possible allegation of incorrect or fraudulent entry.
This is because we should investigate whether or not a person is entitled to practise as a nurse, midwife or nursing associate at all before we look at whether or not their fitness to practise may be impaired. It’s very important for public protection that members of the public can trust the information about who is listed as a nurse, midwife or nursing associate on our register.
When we refer fraudulent or incorrect entry cases to the Investigating committee
Back to topOnce we have investigated whether a nurse, midwife or nursing associate’s entry on the register is fraudulent or whether it was made incorrectly, we will refer the case to the Investigating Committee.
The Investigating Committee makes a final decision on whether or not the material we gathered shows there is evidence to support an allegation of incorrect or fraudulent entry.
In making this decision we consider whether any of the information submitted, or which the Registrar took account of as part of the application process, appears to be:
- deliberately misleading
- otherwise wrong or inaccurate.
We also assess whether it appears that the entry on the register was made by mistake.
In some circumstances, we may decide not to refer an allegation to the Investigating Committee.
We are most likely to do this if:
- there is no suggestion that an entry was gained through fraud
- the error or inaccuracy in the application was trivial or unimportant
- the error or inaccuracy has since been corrected
- we have subsequently entered the nurse, midwife or nursing associate on the register based on correct information
- it is unlikely that the Investigating Committee would take any action if it were considering the allegation.
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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