Conduct and Competence Committee Panels

Panels of the Conduct and Competence Committee (CCC) consider allegations referred to them by the Investigating Committee (IC) or the Health Committee (HC). They operate under the ‘New Rules’ of NMC legislation (the Nursing and Midwifery Order 2001) dealing with complaints received after 01 August 2004.

(CCC) hearings are generally held in public; the openness of the proceedings reflects the NMC's public accountability. The CCC panel may agree to parts of the case being held in private, if by doing so, it protects the anonymity of the person who is the alleged victim, or if disclosure of confidential medical evidence is involved.

A panel must consist of at least three people. It must include a lay member and a ‘due regard’. A due regard member has expertise in the area of practice of the person appearing before the committee (i.e. the respondent).

The panel will decide whether a registrant’s fitness to practise is impaired by reason of:

• Misconduct
• Lack of competence
• A criminal offence
• Mental or physical health
• A determination by a health professions body in the UK that fitness to practise is impaired

Whilst making decisions (CCC) panels look for the level of conduct and competence expected of the average registrant, not for the highest possible level of practice. Even if there has been a breach of a standard set out in the Code of Professional Conduct, it does not automatically follow that a registrant’s fitness to practise is impaired. That is a separate judgement for the panel to make.

The (CCC) operates on a sliding scale of evidence, meaning the committee has the power to made decisions on whether or not to admit certain pieces of evidence. They base all decisions on evidence heard at the hearing and see no papers in advance of the case. Before the panel makes a final decision they hear information about the previous history of the registrant and any evidence in mitigation from the practitioner.

The (CCC) has a range of powers. In relation to its final sanction, it can decide to:

• Strike off the practitioner’s name from the register
• Suspend the practitioner's registration for a specified period not to exceed one year
• Impose a conditions of practice for a specified period not to exceed three years
• Issue a caution for a specified period of between one and five years
• Conclude that the case is not well founded and therefore take no further action
• Decide, taking into account all the circumstances of the case, it is not appropriate to take further action