If a nurse or midwife is alleged to be unfit for practise, the Nursing and Midwifery Council (NMC) will set about a process of investigating and, if required, imposing sanctions.
In the first of our of series of blogs on legal services for professionals, we will help you to understand what constitutes an offence, the process of sanctioning, and provide clarity on the support available for you
WHO ARE THE NURSING AND MIDWIFERY COUNCIL?
The NMC is the regulator for nursing and midwifery professions in the UK. The NMC holds the register of all nurses, midwives and specialist community public health nurses eligible to practise and sets standards of education, training, conduct and performance.
As such, it also investigates allegations of impaired fitness to practise and is the ruling body in matters of disciplinary offences.
If seen necessary to uphold standards, the NMC has the power to restrict a nurse or midwife’s practice or strike them off their register following a tribunal.
*EDITED TO ADD: On 12 July 2018, new regulations came into effect for nursing assistants, meaning they are also now covered by the same rules as nursing professionals and midwives.
WHAT SORT OF OFFENCES CAN LEAD TO A DISCIPLINARY?
The most common offences that require a disciplinary hearing relate to work ethic and the employee’s work obligations (e.g. gross misconduct and negligence), and unauthorised absenteeism.
However, there are a number of types of disciplinary offences that can lead to a hearing, including;
- damage to company property, either intentional or due to negligence
- any form of dishonesty including theft, fraud, forgery, or giving misleading or false statements to patients
- abusive or insulting language or behaviour; including racial abuse, assault, intimidating behaviour and sexual harassment
- Health and Safety offences; creating or causing any situation at work that could endanger the general safety or health of employees or other persons
- alcohol or drug related offences
- possession of dangerous weapons (unless authorised by the company in writing)
- breach of security measures e.g. failing to submit to a search
- other general offences such as breach of confidentiality, abuse of company privileges, or unauthorised statements or comments to the press or third parties regarding the company.
WHAT ARE THE SANCTIONS THAT CAN BE IMPOSED?
The NMC considers sanctions of four types, of escalating severity. They are instructed to always consider sanctions in the order from a caution order, the least severe, to a striking off order, the most severe, to determine the most appropriate course of action.
- Caution order: You are cautioned for your behaviour but allowed to continue practising without any restriction. A caution order can last from one to five years.
- Conditions of practice order: You have your practice restricted for up to three years. It is used when the concerns are seen to be capable of being addressed through retraining or assessment. In order to continue practising, someone with a conditions of practice order must comply with the noted restrictions. For example, you may be restricted from working in a particular setting or directed to retrain in a particular area.
- Suspension order: A suspension order prevents you from practising for a specified length of time.
- Striking-off order: If you are struck off, your name is removed from the NMC register and you would no longer be able to work as a nurse or midwife in the UK
In December 2017, a conditions of practice order or a suspension order were the most common sanctions imposed. Very few caution orders were imposed.
IS IT POSSIBLE TO AVOID PUBLICITY OF A HEARING?
NMC hearings are held in public. However, the panel may agree to hold parts, or all, of your case in private in order to protect the sharing of confidential medical evidence or the anonymity of the alleged victim.
If your fitness to practise is being assessed due to health concerns then your hearing would be held in private.
WILL MY UNION OR INSURANCE COVER MY LEGAL FEES?
If you find yourself in need of legal support, you should check the terms of your relevant policy.
You may have a household policy which covers legal fees or you may have legal expenses insurance.
You should be aware that some insurers will state in their terms that you must use one of their prescribed solicitors, however, the true position is that you do not have to go with their choice. The Insurance Companies (Legal Expenses Insurance) Regulations 1990 allow you to choose which solicitor will be appointed in respect of any proceedings conducted on your behalf.
Some unions may offer preliminary help and legal advice and provide you with financial assistance towards your legal fees.
It is worth noting that legal rights have time limits, so it is worth checking with your union and insurers as soon as possible.
HOW WE HELP
If you have been asked to attend a fitness to practice hearing by the NMC, they will have explained their reason for doing so in a letter. We will review your case and advise you on your chances of success. We will explain the processes and advise you on the best way of proceeding, and set about gathering evidence to support your case.
At your hearing we will represent you and argue that you are fit to practise and show how this is supported by the evidence obtained.
For more information on all professional services matters, please contact Regan or Gemma by email to info@reganpeggs.com, or call 0121 201 3765.
- Disciplinary Procedures for Pharmacists - May 15, 2018
- Disciplinary Procedures for Dentists - April 26, 2018
- Disciplinary Procedures for Solicitors - February 28, 2018
Leave a Reply
You must be logged in to post a comment.