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Understanding Fitness to Practise 41 Guides

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Aims and principles for fitness to practise

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Allegations we consider

Misconduct
Concerns outside professional practice
Sexual Misconduct
Making decisions on dishonesty charges and the professional duty of candour
Discrimination, bullying, harassment and victimisation
Freedom of expression and Fitness to Practise
Our Public Sector Equality Duty
Lack of competence
Criminal convictions and cautions
Directly referring specified offences to the Fitness to Practise Committee
Criminal offences we don't investigate
Health
Not having the necessary knowledge of English
Determinations by other health or social care organisations
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When we use interim orders

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Our investigations

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Examining cases

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Meetings and hearings

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Resolving cases by agreement

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What sanctions are and when we might use them

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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: Evidence of steps the nurse, midwife or nursing associate has taken to address serious concerns 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
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Our culture of curiosity

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Clinical advice

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Decisions of the Disclosure and Barring Service (DBS) and Disclosure Scotland

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Insight and strengthened practice

Can the concern be addressed?
Has the concern been addressed?
Is it highly unlikely that the conduct will be repeated?
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Early engagement and a professional’s evidence

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What we mean by vulnerability

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