Some remote hearings have been carried … The NMC has begun introducing a new approach to resolving FtP complaints, which focuses more on learning from mistakes and less on blaming those who made them. Demonstrating Insight in NMC Cases ‘Insight’ is a key consideration in NMC fitness to practise cases. Demonstrating Insight in NMC Cases ‘Insight’ is a key consideration in NMC fitness to practise cases. ... the NMC may not seek to restrict their practice. I truly hope that the NMC (and other nursing organisations) will do something about the inhumane treatment of nurses such as Pauline Cafferkey who face fitness to practice hearings. 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. Fitness to Practise findings and decisions Publication of the findings of the Fitness to Practise Committees established under the Nurses and Midwives Act 2011 and the Nurses Act 1985 respectively and the decision of the Board on any report made to it by either Committee are published in accordance with the appropriate publication policy. Four registrants have died by suicide while under investigation by the nursing regulator since April 2018, according to the organisation’s annual Fitness to Practise (FtP) report. Matthew McClelland, NMC’s Director of Fitness to Practise, is set to tell the governing council that: “Our decision-makers already take account of context in considering seriousness … NMC case studies - fitness to practise. NMC Defence Barristers are here to help. Suzanne Miller, lead on fitness to practise for the Royal College of Midwives, said: ‘We hope that these guidelines will support maternity managers in their decisions on when issues should be managed by themselves or escalated to the NMC and in turn go towards reducing unnecessary fitness to practice referrals and ensure all midwives are treated fairly in any type … NMC reveals suicide data for fitness to practise cases. Appealing fitness to practise decisions in practice. Nursing Standard . 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. We have published our Fitness to practise annual report 2018–19, which offers an overview of the work undertaken between 1 April 2018 and 31 March 2019. 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. Allegations of fraudulent or incorrect entry of an individual nurse or midwife to their register 2. If you are in the position of facing a NMC Fitness to Practise referral, you owe it to your career to give yourself the best chance of a positive outcome. Is it highly unlikely that the conduct will be repeated? Interim order tribunals. NMC reveals suicide data for fitness to practise cases. Search the site search: Registration and licensing. NMC director of fitness to practise, Matthew McClelland, said the council was considering the Court of Appeal's decision in the Dr Bawa-Garba case to understand any implications for regulators. Bronagh Scott, Royal College of Nursing (RCN) interim director of nursing policy and practice, also welcomed the changes. If you are a nurse or midwife who has been referred to the Nursing and Midwifery Council (NMC) regarding allegations of impaired fitness to practise due to misconduct, a lack of competence, not having the necessary knowledge of English, criminal behaviour or serious ill health, it is important that you seek comprehensive advice and assistance from solicitors at the earliest possible stage. The only nurse who was represented by UNISON avoided the lengthy hearing and extensive negative press coverage by following UNISON advice to accept current impairment and show insight in to their mistakes. 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. Drafting charges in health cases; Other fitness to practise charges; Multiple allegations; ... needs to be read alongside our NMC Guidance during the Covid-19 emergency period. 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. The Nursing & Midwifery Council (NMC) plans to include 'patient experience statements' in NMC fitness to practise cases. NMC’s new approach to fitness to practise. We publish the most recent three months of outcomes. 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. The guidance in our library, needs to be read alongside our NMC Guidance during the Covid-19 emergency period. We’re the professional regulator for nurses, midwives and nursing associates. Allegations about fitness to practise can be based on: 1. lack … The Nursing and Midwifery Council’s governing body will review the regulator’s plans for a gradual change to a ‘new normal’ this Thursday. Understanding Fitness to Practise. NMC’s Fitness to Practice Panel Helen Lockett was the former Director of Operations and Executive Nurse at the now-defunct Liverpool Community Health. Please visit nmc.org.uk/COVID19 for information about temporary registration and changes to how we’re operating during this time. We have new rules that are in force during the period of  the coronavirus emergency that are relevant to how it applies. The Nursing and Midwifery Council (NMC) is drawing up plans which will see the majority of fitness to practice cases being held in private rather … The NMC has ‘made progress’ but is still failing to meet important Fitness to Practice standards. Background: Fitness to practise (FtP) impairment (failure of a healthcare professional to demonstrate skills, knowledge, character and/or health required for their job) can compromise patient safety, the profession’s reputation, and an individual’s career. Every year, the Nursing and Midwifery Council (NMC) receives more than 5,000 complaints about nurses, midwives and nursing associates. 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. 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. NMC v Nurse. April 03 2018 NMC Fitness to Practice: a radical change? 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. It includes information on the order of proceedings, the meaning of ‘misconduct’ and ‘lack of competence’, specific issues in relation to health cases and the law and procedure in relation to a submission of no case to answer. A nurse needs to demonstrate to the Nursing and Midwifery Council (NMC) that they have insight. Response to registrants’ feedback How does the voluntary removal process work? areas, within the process of fitness to practice complaints, in which improvements can be made, both for the protection of the public and in terms of efficiency savings. We consider each case individually. NMC to address blame culture in fitness-to-practise cases. Alice Harrold 05 Sep 2018. We consider each case individually. 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. Once our investigations team has completed their investigation into the concerns about a nurse, midwife or nursing associate, our case examiners decide whether or not a nurse, a midwife or a nursing associate has a case to answer, and if they do, what should happen to the case. See all of registration and licensing; Earlier this year, I reported on the NMC’s new approach fitness to practise. NMC launches new fitness-to-practise support tool for employers The guidance in our library, needs to be read alongside our NMC Guidance during the Covid-19 emergency period. 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 … NCLEXION! Our 2019 Annual report. 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. We investigate serious concerns about a nurse, midwife or nursing associates's fitness to practise which could place patients at risk, or negatively impact public confidence in the nursing and midwifery professions. All 34 cases were dealt with via the NMC’s fitness to practise process and 16 cases were then referred onward to another regulatory body, according to the report. People affected by these potential changes will be informed directly of the … 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. 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. 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. Please visit nmc.org.uk/COVID19 for information about temporary registration and changes to how we’re operating during this time. A nurse needs to demonstrate to the Nursing and Midwifery Council (NMC) that they have insight. The state of medical education and practice in the UK 2020. No further conditions of practice for nurse in NMC case January 30, 2021; Indemnity Cover and Fitness to Practise January 29, 2021; Allegations the NMC can consider December 20, 2020; Brexit implications for fitness to practise December 13, 2020; How the NMC determines “seriousness” in fitness to practise December 13, 2020 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. Being fit to practise requires a nurse, midwife or nursing associate to have the skills, knowledge, health and character to do their job safely and effectively. See our Conditions of practice orders index; What we publish. 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. Allegations about the fitness to practise of nurses or midwives. Visit the downloads page. Search the site search text: Submit. The NMC’s director of fitness to practise Matthew McClelland argued that the whistleblowing report shows ‘just how seriously’ the regulator takes whistleblowing disclosures. Employer Referrals. We work to ensure these professionals have the knowledge and skills to deliver consistent, quality care that keeps people safe. Search recent interim order tribunal decisions. Michael Owen says fitness to practice cases are taking too long to come to a hearing. ‘Insight’ is a key consideration in NMC fitness to practise cases. A nurse needs to demonstrate to the Nursing and Midwifery Council (NMC) that they have insight. Fitness to practise cases are central to the NMC’s regulation of nursing standards The Nursing and Midwifery Council responds to complaints about nurses and midwives by investigating the registrant’s fitness to practise (FtP) The process can be daunting, so this step-by-step guide to FtP investigations aims to demystify the process Details of changes to the FtP process during the COVID … The Nursing and Midwifery Council’s (NMC) fitness to practise hearings will be postponed and revalidation deadlines extended amid the COVID-19 pandemic. If you have received a letter from the NMC, call us for support. 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”. Whilst some of the proposals should allow issues to be dealt with a local level much of their strategy relies upon employers to behave fairly and justly in the process of investigation of a nurse. The panel at their hearing found that their fitness to practise was not currently impaired. Want to download and print whole sections of this FtP library? 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. 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. This was a multiple registrant case relating to the death of the same patients and a hearing was set for several weeks. A Fitness of Practise Hearing before the NMC’s Conduct and Competence Committee was convened in November 2014 and the Committee considered the … Stage two: what happens during the review process? These are updated at the start and middle of each month. You can contact us between 8.30am and 8.30pm, 7 days a week, 365 days per year on 0345 772 6100. For many nurses, the thought of being referred to the NMC is a daunting one. What is fitness to practise? Our legal duties and responsibilities differ from the employer so our view of risk and the action we may take is different. This Practice Note explains the practice and procedure of NMC Fitness to Practise Hearings at the impairment stage of proceedings. See how appealing final fitness to practise cases contributes to public protection in our two case studies: one about a nurse who repeatedly mistreated a vulnerable patient in her care and a dental nurse who turned a blind eye to unhygienic practices and put patients at risk NMC’s Fitness to Practice Panel Helen Lockett was the former Director of Operations and Executive Nurse at the now-defunct Liverpool Community Health. Contact me today for an initial free and no obligation consultation on 0207 060 1983 or Stephen.McCaffrey@kingsviewchambers.com . In this post Roger Kline, Research Fellow at Middlesex University Business School, examines a new consultation document from the Nursing and Midwifery Council, which includes long-overdue changes to the NMC’s Fitness to Practice processes.. On March 28th 2018 the Nursing and Midwifery Council … 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 . 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). These tribunals decide if a doctor’s fitness to practise medicine is impaired and what action, if any, is needed. He added: 'This case has again shone a light on the pressures and challenges facing health and care professionals every day. NMC’s Fitness to Practice Panel. If you are a nurse and midwife facing NMC fitness to practise allegations, don’t face it alone. Our legal duties and responsibilities differ from the employer so our view of risk and the action we may take is different. 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. Exceptional cases: changing orders with immediate effect at a standard review, Reviewing orders when there may have been a breach, Reviews where an interim order is in place, Allowing orders to expire when a nurse or midwife’s registration will lapse, Powers of the Fitness to Practise Committee at a restoration hearing, NMC Guidance during the Covid-19 emergency period, Criminal convictions and cautions - overview, Fraudulent or incorrect entry to the register - overview, Types of incorrect or fraudulent entry cases, give the nurse, midwife or nursing associate, issue the nurse, midwife or nursing associate with a. refer the case to the Fitness to Practise Committee. A worker's fitness to practise can be impaired because of their conduct, professional practice or health. 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. 0 NS Student Decision Support Events. Decisions case examiners may reach Unfortunately the FtP panels start from the premise that the allegations are true and the registrant has to prove otherwise. 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 A worker's fitness to practise can be impaired because of their conduct, professional practice or health. Stage two: what happens during the review process? They can recommend that we need to do further investigation before they can decide whether or not there is a case to answer. 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. 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. In short, this case ruled that regulatory bodies in fitness to practise hearings need to be careful when relaying on hearsay evidence particularly in cases where hearsay evidence forms a substantial part of the … NMC reveals suicide data for fitness to practise cases. The NMC has already introduced a system where case examiners look at complaints and - where appropriate - resolve them on a consensual basis, allowing cases to be dealt with more quickly without the need for a costly, adversarial hearing that can be distressing for all concerned. Data on the register, revalidation, education and fitness to practise. Is it highly unlikely that the conduct will be repeated? 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. NMC says it must focus its energies on FtP referrals that are necessary for public protection Picture: iStock The nursing regulator has issued guidance to employers on how they can prevent unnecessary fitness to practise (FtP) referrals. The Nursing and Midwifery Council (NMC) is establishing new support measures for nurses and midwives facing a fitness to practise investigation. The NMC’s statutory powers to carry out investigations are limited to two kinds of allegation: 1. Case studies of fitness to practise concerns Our case studies are based on real life fitness to practise concerns we have received They illustrate the types of issues that are taken into consideration by a panel when deciding if a registrant’s fitness to practise is impaired, and if so what sanction to apply. The fitness to practise process is governed by statutory regulation and so, the NMC are restricted by this regulation when they carry out fitness to practise investigations. In many cases the cost of your defence and representation during an investigation or at an NMC fitness to practice hearing will be met by your union or by an insurance policy. 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. The nurses will also have to shoe the steps that they have taken to overcome any weaknesses in their … 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. The report highlights key statistics and insights and explains how we protect the public and … Helen Lockett was the former Director of Operations and Executive Nurse at the now-defunct Liverpool Community Health. How does the voluntary removal process work? The packages will include emotional support and the option of legal assistance with the fitness to practise (FtP) process. 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. Visit the downloads page. 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. We have new rules that are in force during the period of  the coronavirus emergency that are relevant to how it applies. NMC v Nurse. 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. The Nursing and Midwifery Council (NMC) is establishing new support measures for nurses and midwives facing a fitness to practise investigation. Find out more about how we examine cases. 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 … 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 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. The progressive rise in NMC Fitness to Practise referrals has raised anxiety over the increasing number of nurses and midwives appearing before conduct and fitness to … For legal reasons, there may sometimes be a delay … NMC’s Fitness to Practise Guidance for Employers: An Overview by admin | Feb 7, 2021 | NMC Legal The Nursing and Midwifery Council’s (NMC) has issued new fitness to practise guidance for employers to help them decide whether a concern should be referred to the NMC or not. We’re the professional regulator for nurses, midwives and nursing associates. In our fitness to practise process, case to answer has a precise meaning. 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. The Nursing and Midwifery Council has unveiled plans to change the way in which it deals with fitness to practise cases. Nurse Awards; Nursing Careers and Job Fairs; Calendar; Jobs Journals. Our written representations persuaded Case Examiners to take no further action; 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. We prelist a month of hearings in advance. The Fitness to Practise Committee is made up of registered nurses or midwives and lay members. Our impact on protecting patients and supporting doctors. 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