When a complaint is raised about you with the Nursing and Midwifery Council (NMC), it can be a particularly difficult time for both you and those close to you.
You may not know where to turn to for advice and representation. Your reputation and your ability to work, develop your career and earn an income within the profession that you are committed to can be at risk.
The investigation and the regulatory decision-making process can be lengthy and may seem unclear.
Here’s what every nurse under investigation should know:
- Ignoring letters at the early stages of an investigation is unlikely to help and could even mean missing out on opportunities to close the case.
- Whilst there can often be benefit to providing a response to a regulator, to do so without first obtaining advice can place a nurse at potential risk of harming their case.
- Whilst each case is different, there may be opportunities across the life of the case to resolve the complaint without the need for a hearing.
- Some cases may be able to be resolved by alternative means such as by Consensual Panel Disposal.
- If a case cannot be resolved without a hearing, the slow-moving process, whilst frustrating can be often put to good use in the preparation of your case.
That is why getting specialist advice can be so important – whatever the stage your case is at – whether time is short or long!
Across the life of the case, there are points where you will be asked to provide a response to the NMC. This will be both within the investigation process and also after the investigation process (see the stages of the NMC Fitness to Practise process below)
If a decision is made following investigation that your case should be referred to the Fitness to Practise Committee, there will be a further opportunity to provide a response and to make important decisions about your case including how it may be able to be concluded (see the stages of the NMC Fitness to Practise process below)
I can provide you with specialist advice and representation at each and every stage of the process from first notification by the NMC until the conclusion of your case.
Urgent legal assistance
- I am a former registered nurse and NHS manager. I also previously worked at the NMC as a regulatory advocate and Senior Lawyer and was also for a period Head of Investigations – I have a detailed understanding of the NMC’s processes.
- As a barrister that has completed public access training, I can be instructed directly by members of the public (including nurses, midwives and health visitors) as well as by solicitors.
- Since qualifying as a barrister in 2009, I have specialised solely in professional regulatory law and have been instructed to act in hundreds of cases before tribunals and the High Court. I have extensive experience of advising and representing across the full range of healthcare regulatory proceedings including those before the NMC, GMC, GDC, HCPC, GOC, GOsC, and NHSE.
- I have recent experience of advising and representing healthcare practitioners in matters involving complex clinical concerns, serious dishonesty as well as sexual misconduct.
Why choose me?
✔Specialist barrister
✔Free initial consultation in order to better understand your requirements
✔Fees fixed in advance
✔Former NHS healthcare professional
✔National coverage
The NMC’s Fitness to Practise Process
The NMC’s stated ‘overarching objective’ is the protection of the public – it seeks to:
- protect, promote and maintain the health, safety and wellbeing of the public
- promote and maintain public confidence in the nursing and midwifery professions
- promote and maintain proper professional standards and conduct for nursing and midwifery professionals.
If concerns are raised about a nurse’s skills, knowledge or behaviour, consideration will be given to the concern through the NMC’s fitness to practise process. There are potentially a number of stages to the process:
- The first stage in the NMC fitness to practise process is known as the ‘screening stage’. At this stage the regulator assesses whether it is the appropriate organisation to receive the complaint and also whether the complaint is sufficiently serious to require some form or regulatory action to be taken. The context of the raised concern is also considered. At this stage, consideration may be given to whether an interim order (which can suspend or restrict practice) is required.
- A case will only move on to the second stage in the fitness to practise process, if the NMC consider that case requires further investigation. Following referral for further investigation, the NMC will write to the person who is the subject of the investigation, notifying them of the concerns they are investigating and inviting a response. At the investigation stage, evidence is gathered by the NMC – this can include witness statements from witnesses, medical records, video footage. Contact may also be made with the nurse’s employer.
- Once the investigation has concluded, the investigation progresses to the third stage of the process – for consideration by the Case Examiners. Here, the NMC sends the evidence that it has gathered together with a report summarising the case, to the nurse. The NMC will then allow 28 days for a response to be provided. A response will often be provided supported by documents such as testimonials attesting to the nurse’s character or competence and any other documentation relevant to the consideration of the case by the Case Examiners.
Following this, two Case Examiners (a lay person and a registered nurse) will determine what should happen next. Potential outcomes include:
a. Closure of the case with no further action;
b. Closure of the case with advice being given;
c. A warning being issued;
d. Undertakings being recommended;
e. Referral of the case to the Fitness to Practise Committee (FTPC)
Referral to the FTPC
If a case is referred to the FTPC (many are not), the NMC legal team review those concerns which have been referred to the FTPC.
At this stage, the concerns are redrafted into allegations setting out the specific facts of the case.
Having completed the review, the NMC will send the nurse a copy of the draft allegations together with their view on impairment and sanction.
The nurse is provided with an opportunity to respond at this stage. This is a critically important stage.
As well as having an opportunity to state whether or not the allegations are admitted or denied, there will also be an opportunity to consider whether a hearing or meeting would be preferred.
Where full admissions are made, cases can often be resolved by agreement via a process known as Consensual Panel Determination.
The document that is sent to the nurse at this stage (known as a Case Management Form) will address the following areas and invite a response:
- Confirmation of whether the nurse would like the case to be determined at a hearing or in a meeting.
- Confirmation of whether the nurse would attend a hearing if one was scheduled.
- The nurse’s response to the allegations.
- Whether the factual allegations are admitted.
- Whether impairment of fitness to practise is admitted
- The evidence that the NMC will be relying on.
- Whether a preliminary meeting will be required.
- Whether (if the allegations are admitted) a consensual panel determination is possible
- Whether consideration for voluntary removal is being requested.
- Dates that the nurse (and if applicable the representative) would not be available for a hearing.
- An estimate of the time requirements for the hearing.
- The location of the hearing.
- Whether any additional support may be needed.
- Confirmation of the nurse’s contact details, employer contact details, previous employer
- Details of the nurse’s indemnity provider.
Summary – 5 points every nurse under investigation by the NMC should know:
- Ignoring letters at the early stages of an investigation could mean missing out on opportunities to close the case.
- Whilst there can often be benefit to providing a response to a regulator, to do so without first obtaining advice can place a nurse at potential risk of harming their case.
- Whilst each case is different, there may be opportunities across the life of the case to resolve the complaint without the need for a hearing.
- Some cases may be able to be resolved by alternative means such as by Consensual Panel Disposal.
- If a case cannot be resolved without a hearing, the slow-moving process, whilst frustrating can be often be put to good use in the preparation of your case.
That is why getting specialist advice can be so important – whatever the stage your case is at!
Further information about me – my approach:
I am highly approachable and responsive through the life of a case (including evenings and weekends if required).
Following your enquiry I will speak with you as soon as possible and when convenient for you. This will enable me to better understand the assistance that you require and determine if the case is suitable for public access.
Please look at the section below to see what previous clients have said about me.
I am highly approachable, responsive, and pragmatic and am able to assist with the following:
- All aspects of professional disciplinary law / professional regulatory law
- Responding to allegations at the investigatory stage
- Advising on alternative disposal and voluntary removal
- Interim order hearings and applications to extend interim orders in the High Court
- All types of case / hearing including misconduct, health, convictions, unacceptable professional conduct, lack of competence, deficient professional performance
- Appeals against committee decisions
- Registration appeals
- Restoration hearings
What my clients say
“…From the outset Chris [Pataky] understood the complexities of my case and answered my questions using language that I found easy to understand. Chris is very professional, and he has a very kind manner which put me at ease…Chris’s advice was invaluable and his skilful representations on my behalf were successful in avoiding a full NMC hearing. Thanks to Chris I can continue without restrictions in my nursing career…” Healthcare Practitioner
“You have been amazing and I couldn’t have chosen a better barrister than you Chris. I will definitely be getting in touch with you Chris in the future for more assistance if needed as I am happy and confident you will provide the best service. Thank you so so much for your help, your time and how you’ve been there during this difficult process for me”. Healthcare Practitioner
“Thank you so much for all the hard work and dedication you have put into my case I really appreciate everything. You couldn’t of been better in representing me and you really are brilliant at what you do. You… got us a really good result that I am really pleased with so thank you so much, without your help I would not be in the positive position I am now in”. Healthcare Practitioner