If you have received a letter from the NMC, call us for support. Our legal duties and responsibilities differ from the employer so our view of risk and the action we may take is different. NMC fitness to practise case studies Below is a very brief sample of the types of NMC fitness to practise cases where our NMC lawyers have legally represented nurses and midwives before the NMC: Complaint about a clinical incident in a nursing home. Find out more about what we investigate and how, in our section on Investigations. Stage two: what happens during the review process? A worker's fitness to practise can be impaired because of their conduct, professional practice or health. How does the voluntary removal process work? If there is no case to answer, the registrant still suffers from damage to their physical, psychological, and mental health and well-being, plus detrimental effects on their career and life on the grounds that a)suspension or conditions of practice may have been enforced to the registrant until the case is closed and/or b)the registrant may lose confidence in themselves … The changes are set out in a statement, published on Thursday, and titled Principles for nursing and midwifery students during the next phase of the Covid-19 pandemic. Interim order tribunals. You cannot be investigated by the NMC for fitness to practise if you are no longer registered, but can be investigated if the investigation started before your registration lapsed. The packages will include emotional support and the option of legal assistance with the fitness to practise (FtP) process. It includes the order or proceedings for the impairment stage of the hearing, what is meant by ‘insight’, and further considerations for panels in relation to competence cases and health cases. Michael Owen says fitness to practice cases are taking too long to come to a hearing. Stephensons has gained an excellent reputation for defending Nurses and Midwives facing fitness to practise proceedings and we pride ourselves on achieving the best possible results for our clients. We have new rules that are in force during the period of  the coronavirus emergency that are relevant to how it applies. The NMC investigates serious concerns about a nurse or midwife's fitness to practise which could place patients at risk, or negatively impact public confidence in the nursing and midwifery professions. So often when staff are referred to the Nursing and Midwifery Council (NMC) Fitness to Practice (FtP) court the allegation being made is unjustified or worse still, untrue and therefore unsubstantiated. Want to download and print whole sections of this FtP library? Earlier this year, I reported on the NMC’s new approach fitness to practise. The NMC’s statutory powers to carry out investigations are limited to two kinds of allegation: 1. NMC’s Fitness to Practice Panel. She was found guilty by a Nursing and Midwifery Council (NMC) Fitness to Practice panel of 34 charges including bullying and trying to defer concerns raised about patient safety. Meanwhile, it will review and restart the NMC’s fitness to practise casework that had been paused during the emergency period, including safely reintroducing physical hearings from September 2020. April 03 2018 NMC Fitness to Practice: a radical change? NMC reveals suicide data for fitness to practise cases. Allegations about fitness to practise can be based on: 1. lack … NMC Defence Barristers are here to help. If case examiners decide there is no case to answer, they can: If case examiners decide there is a case to answer, they can: Case examiners can also decide that the case should be referred to the Fitness to Practise Committee to consider whether an interim order should be imposed. NMC consider “context” in fitness to practise cases; Although they have led the debate, all the other healthcare regulators have supported a joint statement on how they will regulate during the current pandemic. NMC unveils measures to make fitness to practise process ‘fairer’ NMC launches raft of new fitness to practise procedures The resource sets out best practice principles for employers to consider when they are investigating and managing concerns at a local level about a nurse, midwife or nursing associate. However, the NMC panel heard she was facing an "impossible" situation. Every year, the Nursing and Midwifery Council (NMC) receives more than 5,000 complaints about nurses, midwives and nursing associates. These tribunals decide if a doctor's practice should be restricted while an investigation takes place. Want to download and print whole sections of this FtP library? We consider each case individually. It means whether or not there is a realistic prospect that our Fitness to Practise Committee would find a nurse, midwife or nursing associate’s fitness to practise to be currently impaired using the evidence we’ve gathered so far. The literature review identified that social workers were much more likely to be referred for fitness to practise concerns than the other two professions with the 2019 annual FTP report by the HCPC showing that 1.42% of social workers were referred, compared with 0.02% of GMC-registered doctors and 0.08% of NMC registrants, most of whom are nurses. NMC Panel hearing - criminal conviction I represented [October 2016] a nurse who was the subject of an NMC fitness to practice referral, having been convicted of a … The Fitness to Practise Committee is made up of registered nurses or midwives and lay members. NMC reveals suicide data for fitness to practise cases. See all of registration and licensing; The Nursing and Midwifery Council’s (NMC) governing council will consider the need for new ways to identify and consider the context of incidents in fitness to practise cases when it meets this week. Contact me today for an initial free and no obligation consultation on 0207 060 1983 or Stephen.McCaffrey@kingsviewchambers.com . Connect with us on social media using the links below: Confirm a nurse, midwife or nursing associate’s registration, The four stages of our screening decision, Becoming a nurse, midwife or nursing associate, Support for patients, families and the public, Managing Concerns: A resource for employers, Coronavirus (Covid-19): Information and advice, Aims and principles for fitness to practise, Not having the necessary knowledge of English, Determinations by other health or social care organisations, Fraudulent or incorrect entry to the register, 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, What sanctions are and when we might use them. Response to registrants’ feedback NMC case studies - fitness to practise. Circumstances when VR will not be appropriate, Applying the voluntary removal criteria to particular cases, Proceeding with hearings when the nurse, midwife or nursing associate is absent, Consensual panel determination - overview, Directing further investigation during a hearing, Deciding on incorrect or fraudulent entry, Factors to consider before deciding on sanctions, Available orders for fraudulent or incorrect entry, Interim orders after a sanction is imposed, Reviewing case examiner decisions - overview. He added: ‘Making quicker decisions in fitness to practise cases will benefit both patients, and nursing staff who find themselves at the centre of an investigation. A nurse needs to demonstrate to the Nursing and Midwifery Council (NMC) that they have insight. Spencer J in this case ruled that the correct approach to adopt is one set out in a previous case Thorneycroft v Nursing and Midwifery Council [2014] EWHC 1565 (Admin). Our written representations persuaded Case Examiners to take no further action; NMC to address blame culture in fitness-to-practise cases. The NMC said this will allow the public an equal voice in their fitness to practice investigations and bring people to the heart of its work but some have raised concerns that this could lead to ‘bias’ against nurses. The NMC have launched their new fitness to practise strategy. Connect with us on social media using the links below: Confirm a nurse, midwife or nursing associate’s registration, The four stages of our screening decision, Becoming a nurse, midwife or nursing associate, Support for patients, families and the public, Managing Concerns: A resource for employers, Coronavirus (Covid-19): Information and advice, Aims and principles for fitness to practise, Not having the necessary knowledge of English, Determinations by other health or social care organisations, Fraudulent or incorrect entry to the register, 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, What sanctions are and when we might use them. Decisions case examiners may reach Investigations into complaints against nurses were suspended during the Covid-19 emergency period, but the NMC aims to bring back physical fitness to practise hearings from September 2020. We’re happy to help you access this funding; and where it’s unavailable for whatever reason, we’ll be happy to talk to you about fixed fee representation and an affordable payment plan. Nursing regulator sets out plans to restart fitness to practise cases 26 June, 2020 By Steve Ford The Nursing and Midwifery Council has set out a series of regulatory and education “changes”, including the restarting of physical fitness to practise hearings, as the UK moves towards a “new normal”. We consider each case individually. We also investigate concerns about whether the entry of an individual nurse, midwife or nursing associate on our register may be incorrect, or may have been made as a result of fraud. The nurse in that case, it is reported, was the head of prison health care until 2014 and was accused of a raft of misconduct charges by the NMC. The NMC has ‘made progress’ but is still failing to meet important Fitness to Practice standards. The Committee considers cases where a nurse, midwife or nursing associate’s fitness to practise is alleged to be impaired due to: misconduct; lack of competence; a conviction or caution for a criminal offence; not having the necessary knowledge of English Find out more about how we examine cases. Each of these cases is looked at through the regulator’s fitness to practise process to see if the registrant should be allowed to continue to work in the same way as before. Whilst some professionals try to deal with NMC cases alone, your chances of a better outcome at an NMC hearing will be greatly improved by engaging properly qualified legal council . We work to ensure these professionals have the knowledge and skills to deliver consistent, quality care that keeps people safe. The Nursing and Midwifery Council (NMC) is establishing new support measures for nurses and midwives facing a fitness to practise investigation. For many nurses, the thought of being referred to the NMC is a daunting one. Each of these cases is looked at through the regulator’s fitness to practise process to see if the registrant should be allowed to continue to work in the same way as before. Search the site search: Registration and licensing. Our 2019 Annual report. Nursing Standard . If case examiners don’t make this recommendation, the Investigating Committee can make an interim order at any point, until the Fitness to Practise Committee starts its consideration of the case. Demonstrating Insight in NMC Cases ‘Insight’ is a key consideration in NMC fitness to practise cases. For legal reasons, there may sometimes be a delay … A nurse was dismissed from work and referred to the NMC on several charges on the basis that they were under the influence of noxious substances on one occasion while on duty. The four stages of our screening decision - overview, Stage one: Determine if the concern is serious enough to affect fitness to practise, Stage two: Check it meets our formal requirements, Stage three: Check whether we can obtain credible evidence, Stage four: Check for evidence of remediation, Cases not referred for further investigation, Determining the regulatory concern - overview, Identifying and explaining regulatory concerns, Screening incorrect or fraudulent entry cases, Interim orders, their purpose, and our powers to impose them, Decision making factors for interim orders, Interim orders and fraudulent or incorrect entry allegations, Interim orders and not having the necessary knowledge of English, Review periods, extensions and multiple referrals, Investigating what caused the death or serious harm of a patient, Investigating at the same time as other organisations, How case examiners decide there is a case to answer, Reviewing cases after they get referred to the FtPC, Particular features of misconduct charging, Gathering further evidence after the investigation, Hearing fitness to practise allegations together, Dealing with cases at hearings or meetings. 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