If you have been referred to the Nursing and Midwifery Council (NMC), you may be feeling anxious and uncertain about what lies ahead. As specialist NMC solicitors, we understand how daunting this process can be.
The NMC’s fitness to practise process involves several stages, starting with an initial screening process to determine whether the referral warrants further investigation. This blog will guide you through the key stages of an NMC referral, what to expect, and how you can best protect your practise.
Why have I been referred to the NMC?
The NMC is responsible for regulating nurses, midwives and nursing associates across the UK. When a concern is raised, the NMC has a duty to investigate and take action if necessary. The primary purpose of this is to ensure that patients receive safe, effective and compassionate care.
A referral to the NMC can come from an employer, a colleague, a patient, or even a member of the public. Referrals are typically made where there are concerns about your conduct, competence or health that may affect your ability to practise safely.
The most common reasons for a referral include:
- Allegations of misconduct or poor professional conduct;
- Lack of competence;
- Criminal convictions and cautions;
- Physical or mental health that impairs the ability to practise safely;
- Not having the necessary knowledge of English;
- Determinations by other health and social care organisations.
The NMC screening pocess: step-by-step
The screening stage is the NMC’s first step in deciding whether a referral requires a full fitness to practise investigation. It serves to filter out any cases that do not meet the NMC’s criteria for bringing fitness to practise proceedings.
1. Acknowledgement of referral
The NMC will write to you explaining the allegations that have been made against you. You will then be provided with a 28-day window to respond to the complaint; however, you are not obliged to do so. Whether you respond at this stage must be carefully considered, balancing the need to raise any vital information and insight whilst having very little evidential disclosure, against the need to make sure you do not prejudice your position in the investigation early on. However, you will be required to complete an employment form to provide information about your employer.
2. Initial review by the screening team
The NMC’s screening team will then examine the referral considering three key questions, namely:
- Has a written concern been raised about a nurse, midwife or nursing associate on the register?
- Is there evidence of a serious concern that could require the NMC to take regulatory action to protect the public?
- Is their clear evidence to show that the nurse, midwife or nursing associate is currently fit to practise?
3. Gathering initial information
The NMC may conduct preliminary checks to assist with their screening, including:
- Requesting additional details from the complainant;
- Seeking witness statements or evidence from the complainant; and
- Seeking comments about your work from your employer/colleagues.
4. Screening decision
After conducting the necessary enquiries, the screening team will determine whether your referral requires further investigation:
- If the screening team determines that an investigation is not needed, your case will be closed with no further action.
- If the screening team determines that an investigation is necessary, you will be informed, and your case will be passed on to the investigations team.
How can our NMC lawyers help?
Being referred to the NMC can be overwhelming, but you do not have to face it alone. It is vital that you seek early specialist legal advice in order to protect your interests and safeguard your practise, as this can make a crucial difference in the progression of your case.
Our specialist NMC lawyers are recommended in the current edition of the Legal 500 for professional disciplinary work. Our NMC lawyers have extensive experience of dealing with NMC investigations and fitness to practise cases and in particular, making successful representations to the NMC to persuade them to conclude investigations at the screening stage. We have acted for nurses working within the NHS and private healthcare, including specialist experience of acting for independent midwives. Please visit our NMC case studies page for more information about our expertise in this area.
If you have been referred to the NMC, it is vital that you seek specialist legal advice in order to protect your interests and safeguard your practise. For a confidential discussion with one of our specialist NMC lawyers, please contact us on 0161 696 6250 or complete our online enquiry form.
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