Use of Article 22 (6)

Article 22 (6) allows the NMC to refer concerns about a professional’s practice for investigation and determination by the case examiners in the absence of any formal complaint or allegation having been received.

The NMC receives referrals from a variety of sources and usually these referrals come from individuals or organisations such as the police or employers.

Occasionally we may learn of information about a professional’s fitness to practise that  could mean they pose a risk to either public safety,  the public’s confidence in the professions and to professional standards e.g. via a media article or television report.

Our screening team is responsible for considering such concerns and they will do so in line with our screening guidance, making enquiries where appropriate.

Having done so, if they decide that the concern requires further investigation and consideration by the case examiners, screening  will consider:

• whether the information in our possession relates to a professional on our Register
• whether the information in our possession indicates a risk to public safety, public confidence or professional standards that could require regulatory action by us
• whether it is necessary for us to conduct an investigation in order to fulfil our overarching objective of protecting the public

If all these factors are present they will refer the matter, under Article 22 (6), to our investigations colleagues to commence a formal investigation into the professional’s fitness to practice.