NMC hearings: what to expect

“At first, I buried my head in the sand as my case was so complex and personal,” recalls one RCN member who recently experienced a Nursing and Midwifery Council (NMC) hearing.

Being subject to an NMC hearing can bring shock, confusion, anxiety, depression and many more complicated emotions.

The RCN is here to help you through. It can be difficult to know where to start, so here’s our guide.

What does the NMC do?

The NMC is the UK’s regulator of nurses, nursing associates and midwives. The NMC’s role is to protect the public and ensure its registrants adhere to the NMC Code and relevant standards. It investigates concerns about the nursing profession by asking whether an individual's “fitness to practise” is impaired.

It considers concerns from sources including patients, the public, police and employers. As a result of these, it investigates issues including misconduct, lack of competence, lacking necessary knowledge of English, criminal behaviour, serious ill health, and determinations by other health and social care organisations.

If a nurse is referred to the NMC they may face an investigation, and in some cases, hearings. 

Types of hearings 

Fitness to practise hearings include interim orders hearings, substantive hearings and substantive order review hearings.

Interim orders hearings can be heard at any stage of proceedings and focus on risk. If the panel considers that an interim order is required to protect the public, either in the public interest or for the benefit of the registrant concerned, they can suspend you from practice on an interim basis or impose interim conditions on your practice until there is evidence to support a variation or a final decision has been made in your case.

Substantive hearings produce final outcomes on the facts and consider whether a registrant’s fitness to practise is impaired, and if so, what sanction, if any, they should receive.

There are three stages to hearings: facts stage where evidence is heard from witnesses and documents are considered; misconduct and impairment, where the Fitness to Practise Committee decide whether a registrant’s fitness to practise is impaired, and if necessary, sanction stage.

The run-up 

The RCN's standard position is that we’ll offer representation to those who were RCN members when the incident leading to the NMC referral occurred.

Upon receipt of your referral, your case will be allocated to a legal officer, who will advise you throughout the different stages of the process, including preparing for your hearing, and steps following the outcome.

The RCN will instruct a barrister to represent you at your hearing, if you agree engage in proceedings and attend.

If you do, you will meet with your legal officer and barrister, usually on a Microsoft Teams video call before the hearing to discuss the case, confirm your response to the charges and instructions, and receive follow-up advice including steps to take to prepare for your hearing.

The preparation process includes collating supporting evidence such as your reflections post-incident, testimonials, and training relevant to the charges.

The RCN was so kind, at a time when I was extremely fragile

The legal officer, sometimes with the barrister, will work on matters that need addressing before the hearing. These might be requests for information (disclosure requests), requesting and agreeing redactions with the NMC (this may be to ensure only appropriate evidence is considered by the panel in the hearing) and obtaining statements from potential witnesses who may support your account.

“We work exclusively for our members, so the team understands the challenges they face both on the frontline in their day jobs, and in navigating NMC proceedings,” says Felicity Crockford-Taylor, an RCN senior legal officer.

“As a result, the support offered to members by the RCN legal team is specialist and specific to our members’ needs. The team is invested in our cases, proud of the work we do and the support we provide. We do our utmost to try to secure the most positive results.” 

At the hearing  

Hearings can take place online or in person. So you may be able to attend from your home if you have suitable equipment, a good internet connection and privacy. You can have a relative or colleague with you for support if you wish.

Virtually, you’ll be alongside the RCN-instructed barrister.

The barrister will challenge the NMC evidence where appropriate, including by cross-examining NMC witnesses, presenting your case and making submissions on your behalf.

The RCN, including the RCN-instructed barrister, will not attend a hearing in your absence other than in exceptional circumstances such as serious illness. 

Support across the RCN  

Throughout the process, your legal officer will provide support and explain proceedings.

This is especially important as every case is different – and not everyone called up by the NMC ends up having a hearing at all. Your case may be resolved before this stage, or you could decide to apply to be removed from the nursing register, in a process called agreed removals.

One member told us their experience of RCN representation was "wholly positive". They said: “The support I’ve received from all RCN staff has been invaluable and has considerably lessened the anxiety I experienced from the NMC process. I’ve been helped by the RCN’s senior legal officer and paralegal, and everyone I’ve dealt with has been professional, friendly, efficient and most of all kind – at a time when I was extremely fragile.”

Members don't need to worry that they're not in face-to-face contact with RCN legal officers, as they’ll be virtually by your side throughout the process. You can also access other RCN support.

The RCN will be with you.