Cases not referred for further investigation

Reference: SCR-2e

Last Updated 28/07/2017


Our initial consideration of allegations will often mean we do not refer a case for a full investigation. This will often be where the matters included in the referral do not amount to an allegation of impaired fitness to practise, it is not possible to identify an individual nurse or midwife, or it is not possible to obtain credible evidence. Before we come to such conclusions, we will ensure we have obtained sufficient material to enable us to understand the full seriousness of the allegation.

Once we have decided that the referral is serious enough to be considered as an allegation of impaired fitness to practise, we will take the steps necessary to identify whether there are possible sources of credible evidence. We will consider, where appropriate, the use of our powers to require a person to provide us with information.1

Where new information emerges about a case that we have not referred for investigation, we will review the new material and consider, together with any material that we have retained, whether our assessment of the seriousness of the case or of the availability of credible evidence has changed. This will inform our decision as to whether a new investigation is required.

1 Nursing and Midwifery Order 2001, article 25(1).  Our powers of investigation do not include powers of entry, search, confiscation, or other investigative methods which are reserved for the police or other prosecuting bodies.