NMC Fitness to Practise Hearings—the factual stage
Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row

The following Corporate Crime practice note produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row provides comprehensive and up to date legal information covering:

  • NMC Fitness to Practise Hearings—the factual stage
  • Fitness to practise hearings
  • Preliminary stage
  • Factual stage—order of proceedings
  • Misconduct and lack of competence
  • Health cases
  • No case to answer

NMC Fitness to Practise Hearings—the factual stage

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. In particular, the Nursing and Midwifery Council (Emergency Procedures)(Amendment) Rules Order of Council 2020, SI 2020/364, among other amendments, temporarily amends the rules relating to the management of notices, hearings and meetings in fitness to practice and registration appeals hearings to enable panel events to take place by video-conferencing, audio-link and telephone. We are reviewing our content on the basis of information available and will keep it under regular review. Meanwhile, for updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Coronavirus (COVID-19) toolkit.

Fitness to practise hearings

Fitness to Practise Hearings should be conducted in accordance with the Nursing and Midwifery Order 2001 (NMO 2001) and the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 (NMC Fitness Rules 2004). The NMC's primary function is to safeguard the health and well-being of persons using or needing the services of registrants. In exercising its function the panel is required to have proper regard to both the interests of service users and those of the registrant.

The Practise Committee Panel (PCP) will be made up of at least one registrant (a nurse or midwife), one lay person and the

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