My client’s fitness to practise case before the Nursing & Midwifery Council (NMC) was closed by agreed disposal, thereby avoiding a fitness to practise hearing and further legal expense and preparation for a review.
CC instructed me regarding an NMC referral relating to a personal historic matter. She had been presented with a number of options and conflicting advice. Following a long process, I was able, on her instruction, to agree a consensual panel determination with the NMC. Most importantly, the agreed disposal agreed that there would be no review, thereby avoiding a fitness to practise hearing and further legal expense and preparation for a review.
Speaking at the conclusion of the case, fitness to practise defence barrister, Stephen said:
“It was a slow process, but my client was clear in her instructions and followed my advice – sticking to the strategy throughout. Yet again, this case emphasised the importance of getting advice early to avoid missteps and thereby increasing the chances of a favourable outcome.”

Restoration Courses
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Courses designed for those facing an investigation at work or before their regulator, involving in part or in whole honesty, integrity and professionalism.
The types of concerns raised
The most common allegations are concentrated in six main areas:
- Patient care
- Prescribing and medicines management
- Record keeping
- Dishonesty
- Behaviour or violence
- Communication issues
Factors that reduce the risk of regulatory sanctions
Demonstrating Insight and Strengthen Practice
Insight and strengthen practice (also referred to as remediation) is about nurses, midwives or nursing associates “putting problems right where they can promote a learning culture.” Demonstrating insight means the professional has taken the opportunity to step back, recognise what went wrong, and take responsibility for their actions. It involves understanding the impact of mistakes on patients and on public trust, and identifying what could be done differently to prevent similar issues from happening again in the future.
Strengthening practice means taking steps to improve (or remediate) practice.
In terms of the range of sanctions, demonstrating insight and efforts to strengthen practice, has been shown to result in lesser sanctions (advice issued, warning issued) or no case to answer. Conversely, lack of insight and efforts to strengthen practice has been show to increase regulatory sanction (Undertakings and a case to answer).
Early engagement
The NMC encourages nurses, midwives, and nursing associates to engage with them early and at every stage of the process. This includes:
- Providing information about their current employment and any steps their employer is taking to manage risk
- Providing information about the context of the incident
- Providing evidence of any steps they’ve taken to address concerns about their fitness to practice
- Providing evidence of any insight or reflection they’ve undertaken about the concerns raised
NMC fitness to practise insights have shown that early engagement can help nurses, midwives, and nursing associates.
Having representation during fitness to practise
Key to all of the above however is the right legal representation. Nurses, midwives, and nursing associates are entitles to legal representation during fitness to practise proceedings and early engagement with legal representation is key.
Early engagement with legal representation is key as it will assist nurses, midwives, and nursing associates with the right early engagement with the NMC and agree the right insight and strengthen practice approach to ensure good outcomes. The NMC’s fitness to practise insights has shown that professionals who were represented at the NMC investigations stage (as opposed to the initial stage or the final hearing stage) lead to cases being closed at an earlier stage, without restriction to future practice.
It was also found that professionals with representation at final hearings were less likely to receive outcomes which restricted their future practice.
Kings View Chambers
We are leaders in fitness to practise defence, with a remarkable track record of success and rated excellent by our clients.
Kings View Chambers has over 30 years’ combined experience representing heath and care professionals at all levels. We are a leading fitness to practise defence chambers that have a proud record of consistently achieving excellent outcomes for our clients.
As public access barristers, you can instruct us directly without having the additional expense of hiring a solicitor.
Speak to me today for a free, no obligation assessment of your case.
Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.