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Example 3

Last Updated 16/11/2020

Before

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Power to review

Under Rule 7A of the 2004 Fitness to Practise Rules (as amended) the Assistant Registrar may review whole or part of the Case Examiners’ decision if at least one of the following grounds is met:

  • That the reviewable decision may have been materially flawed and considers that a review would be in the public interest or is necessary to prevent injustice to the registrant.
  • That new information is available that the Case Examiners did not have at the time of their decision and considers that a review would be in the public interest or is necessary to prevent injustice to the registrant.

Unless there are exceptional circumstances, the Assistant Registrar must not start the review of the Case Examiners’ decision more than one year from the date the Case Examiners reached their original decision. Therefore, should you decide to request a review, it is recommended that you submit your request within 10 months of the decision. The NMC, maker of the regulatory concern against you or any other interested party may request, in writing, that the Assistant Registrar conducts a review of the Case Examiners’ decision. The request should include any relevant information that will assist the Assistant Registrar in deciding whether to conduct a review. Where the Assistant Registrar decides to carry out such a review we will notify you and seek your comments

After

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We’ll review the case examiners’ decision if:

  • we think it was materially flawed and/or
  • there is new information that the case examiners didn’t have which may have led to a different decision

In both cases, we’ll only do a review if we think it’s in the public interest or it’s necessary to prevent unfairness to the nurse or midwife.

If you want a review, ask for it within 10 months of the decision. Unless it’s in exceptional circumstances, we must start the review less than a year after the case examiners made their original decision. So we recommend you submit your request within 10 months of the decision.

Either we, the people who originally raised the issue or anyone else involved can ask for a review (this has to be in writing). Whoever is asking for a review needs to include any information that will help us decide whether to do it. If we do decide to review the decision, we’ll let you know and ask you for your comments.

What’s changed?

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  • We’ve shortened the bullet points and put the information that’s common to both of them in a separate sentence underneath.
  • We’ve taken out the reference to the specific rule (we don’t need it in this case) and said ‘we’ instead of ‘the Assistant Registrar’ – the reader doesn’t need to know exactly who’s doing the review.
  • Swapping out formal language like ‘therefore’, ‘submit’, ‘conduct’, ‘notify’ and ‘request’ makes the piece easier to understand and sounds kinder. Likewise contractions like ‘it’s’ and ‘didn’t’.
  • And we’ve added a subheading to break the piece up for readers.