Assessment and investigation of fitness to practise referrals to the NMC

This factsheet explains how we deal with referrals of concerns and complaints about nurses and midwives, and how we decide whether we need to investigate under the NMC's processes.

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This factsheet explains how we deal with referrals of concerns and complaints about nurses and midwives, and how we decide whether we need to investigate under the NMC's processes.  

Fitness to practise and the role of the NMC

The NMC exists to safeguard the health and wellbeing of the public. We set standards of education, training, conduct and performance for nurses and midwives, and hold the register of those who have qualified and meet those standards. We provide guidance for nurses and midwives, and we have clear and transparent processes to investigate and deal with nurses and midwives who fall short of our standards.  

Our processes

1. Initial consideration of referrals

Referrals are logged and initially assessed in our screening team. Where we are not able to identify the nurse or midwife or where the allegation does not raise a question of impaired fitness to practise, we will write to the referrer straight away informing them that we are unable to consider the matter further. For those referrals warranting further consideration we will, after obtaining the referrer's consent, disclose the information received to the nurse or midwife, inviting them to respond to the allegations and also requesting their employment details. 

2. Deciding how the case should progress

The next step is for us to decide how we should deal with the referral in the light of any response received from the nurse or midwife. We cannot compel the nurse or midwife to respond but it is helpful, and we believe it is in the nurse or midwife's own best interests, for us to receive their comments and any explanations they may wish to offer at an early stage. The response, including the employer details, will assist us in making a judgment about how the referral should proceed.   

We will review the original referral and the response received from the nurse or midwife to decide whether the case should proceed for further NMC investigation. In some cases it will be clear that the nature of the allegations and evidence submitted mean that we should commence an NMC investigation. This will include cases involving allegations so serious that we need to immediately consider whether we should make an interim order restricting the nurse or midwife's registration whilst we investigate, and serious criminal convictions and police cautions. 

3. Employers

However, there are some cases where the concerns raised do not on their own appear to warrant an NMC investigation in respect of a nurse or midwife's registration. In these cases we will write to the nurse or midwife's employers, disclosing the referral and asking for details of any local investigations that have already been undertaken. We will also ask employers to confirm to us that they have no concerns about the nurse or midwife that might require action by the NMC. These preliminary enquiries are designed to obtain reassurance that there are no wider concerns of which we should be aware.

What if the employer has no concerns about the nurse or midwife?

What if the employer identifies concerns about the nurse or midwife?

If on the basis of the employer response we are satisfied that a full NMC investigation is not required, we will write to the referrer, employer and the nurse or midwife concerned to explain the outcome and confirm that the NMC case will be closed. It is open to an employer to investigate further any issues arising from the referral but that would be a matter for the employer. If the employer identifies fitness to practise concerns about either the referral received or any wider issues regarding the nurse or midwife's practice we will commence an NMC investigation.

 

Ensuring that concerns are dealt with appropriately

The aim of the process outlined in this factsheet is to ensure that the NMC can make informed judgments about referrals and work with employers to ensure that concerns are dealt with appropriately. Receiving the information we request from referrers, employers and the nurse or midwife concerned will help us to deal with the referral swiftly and efficiently.

Further information

Created date :
17/10/2011
Modified date :
17/10/2011