Understanding Fitness to Practise 39 Guides

Aims and principles for fitness to practise

Allegations we consider

Misconduct

Lack of competence

Criminal convictions and cautions

Serious offending and specified offences

Criminal offences we don't investigate

Health

Not having the necessary knowledge of English

Determinations by other health or social care organisations

Fraudulent or incorrect entry to the register

Types of incorrect or fraudulent entry cases

Dual registration

How we determine seriousness

Serious concerns which are more difficult to put right

Serious concerns which could result in harm to patients if not put right

Serious concerns based on public confidence or professional standards

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

Taking account of context

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

Is the concern remediable?

Has the concern been remedied?

Is it highly unlikely that the conduct will be repeated?

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