Types of incorrect or fraudulent entry cases

Reference: FTP-2g-1

Last Updated 06/09/2021

Approved qualification

Everyone applying to join the register must prove to us that they hold an approved qualification and that the course was completed within five years of the application for registration.

If the qualification was not awarded within the five year period, the person applying must have done additional education, training and experience in order to be registered.

An entry on the register may be fraudulent or incorrect if there is evidence that the person concerned:

  • didn’t hold an approved qualification when they were registered
  • didn’t complete their course within five years of their application for registration and didn’t do the required additional education, training and experience.

Indemnity arrangement

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Everyone on the register must have appropriate cover under an indemnity arrangement or have an arrangement in place when they practise as a nurse, midwife or nursing associate. To meet this requirement, when someone applies to join or come back onto the register, or renew their registration, they must sign a self-declaration confirming that they have appropriate indemnity insurance. This can include insurance their employer holds on their behalf.

If we find that the declaration was wrong because the applicant didn’t have cover in place when they applied or when they started practising, the entry is incorrect. If the declaration was deliberately misleading, the entry is fraudulent.

When we decide whether or not to carry out a full investigation in this kind of case, we look at the particular circumstances in which the declaration was made. If the nurse, midwife or nursing associate made reasonable enquiries and had no reason to doubt that their employer had appropriate cover in place when they applied, we may decide not to carry out a full investigation.

Health and Character Declarations

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We consider that in most cases concerning the health of a professional on our register, a fitness to practise referral will be the most suitable method for dealing with the matter.

There may be cases where it will be appropriate for us to investigate whether an issue relating to a health and character declaration means that a register entry is either incorrect or fraudulently procured. We consider these types of cases will be relatively unusual.

The guidance that follows relates to the minority of cases where we consider that it is appropriate to use the incorrect or fraudulently procured entry procedure in relation to a health and character declaration.

People will only be registered as nurses, midwives or nursing associates if they prove to us that they’re capable of safe and effective practice. This includes showing that they meet our health and character requirements.

If any of the information about the applicant’s health or character was wrong, their entry in the register may be incorrect. If the wrong information was provided with the deliberate intention to mislead, the entry may be fraudulently procured.

When deciding if the entry is fraudulent or incorrect, decision makers aren’t looking at whether new information about the nurse, midwife or nursing associate’s health or character shows they would’ve been capable of safe and effective practice when they entered the register. That is a registration decision for the Registrar and isn’t relevant to whether the entry in the register was fraudulent or incorrect.

In our process, decision makers are only assessing if we were given wrong information about the health or character of that person when deciding whether they were capable of safe and effective practice, or whether any wrong information was provided with the deliberate intention to mislead the NMC.

Non-payment of fee

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It's the professional responsibility of every nurse, midwife and nursing associate to ensure that they have paid the registration or renewal fee. If someone enters the register or stays on the register without paying the right fee, they would be incorrectly entered onto the register. If someone has deliberately misled the NMC about the payment of the fee, then the entry is fraudulent.

Other registration requirements

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It’s the professional responsibility of every nurse, midwife and nursing associate when applying to join the register, to make sure that they:

  1. meet the qualification requirements required for registration
  2. hold appropriate cover under a professional indemnity arrangement
  3. meet our English language requirements.

If someone enters the register based on information relating to qualification, indemnity or language requirements that are incorrect, their entry on the register is likely to be incorrect.

If someone has deliberately misled the NMC about their qualifications, indemnity arrangements or language skills, then their entry will be fraudulent.

Registered practice hours

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During revalidation, nurses, midwives and nursing associates must declare that they have done the required number of hours of registered practice.

A nurse, midwife or nursing associate is incorrectly entered onto the register if their declaration was wrong. If there is evidence that a wrong declaration was made with the deliberate intention to mislead us then the entry is fraudulent.

Continuing professional development

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When renewing their registration a nurse, midwife or nursing associate must self-declare that they have done the required number of hours of continuing professional development (CPD).

A nurse, midwife or nursing associate is incorrectly entered onto the register if there is evidence that the CPD declaration was wrong. If there is evidence that a wrong declaration was made with the deliberate intention to mislead us, the entry is fraudulent.

Identity fraud

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If the registration application contained deliberately misleading information about the identity of the applicant, the entry is fraudulent. This usually means that the person who applied and intended to practise using the registration deliberately made the application in the name of another person.

There is no need for the Investigating Committee to see evidence that the person who made the application has been convicted of a criminal offence in order to find the allegation proved.

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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