You do not have to attend the hearing if you would prefer not to. In fact, you could choose to have a meeting, which means that neither you nor the NMC need to attend, and everything is decided upon the papers alone.
If you’d like to go ahead with a hearing, you still do not have to attend, but the NMC will have a case presenter there to support the Assistant Registrars decision.
We’d always encourage you to attend the hearing as it’s your appeal and your opportunity to provide oral evidence to the panel.
What to expect at a hearing
An independent panel of 3 professionals will come together to hear your appeal. The panel will be made up of the following people:
- A chair - They are the head of the panel and in charge of proceedings
- A Registrant member - This will be a Nurse, Midwife or Nursing associate who is on the same part of the register that you wish to join or re-join.
- A lay member - This will be a professional person
Both yourself and the panel, will have been provided with a bundle of documents in the lead up to the hearing, which will be referred to throughout the day. The bundle will contain documents such as your application, your decision letter, and any further documents either yourself or the NMC wish to rely upon.
Along with the panel, a number of other people will be party to the hearing who will not have a hand in the decision making, they include:
- A legal assessor - This is usually either a barrister or a solicitor. They are there to advise on points of law and won’t have a hand in the decision making
- A Hearings Coordinator – This will be an employee of the NMC who will help to oversee the smooth running of the day. They’ll also help the panel in typing up the decision, which we call a determination.
- NMC Case presenter - This will be an NMC lawyer who’ll be there to support and present the decision of the Assistant Registrar to the panel.
- Witnesses – You can call witnesses to support your appeal. The NMC can also call witnesses to support the Assistant Registrars decision.
You, or your representative will present your case to the panel, and will also be asked questions by the panel in order to help them come to an informed decision. Once the panel have heard from both yourself, the NMC, and any witnesses they’ll retire to make a decision. They’ll return a little later that day to read a determination which tells you about the decision.
The hearing will usually start at 9.30 and is likely to finish around 5pm. If more than 1 day is required for the hearing your case officer will notify you of this well in advance of the hearing date.
You can attend the hearing without representation and the panel, legal assessor and hearings coordinator will help guide you through the hearing.
If you decide to be represented, you’ll have to obtain your own representation and will have to bear the cost of this. They will address the panel on your behalf. If you are part of union we would advise contacting them in the first instance.
You will be written to within 5 days of the hearing with a copy of the determination. If you have any questions about the determination you can contact your case officer.