Two hearings and two investigation reports in the past two weeks have shown again where it is important to get it right from the start.

The first hearing was an interim order review at the NMC.  The nurse concerned had been referred for medicine administration issues in respect of end of life patients.  An interim conditions of practice order had been imposed at an early stage in their case.  They contacted me after the Case Examiners had sent their case for a final hearing - they had not expected this.  I advised on the approach to be taken in their case, the first aspect of which was to apply for a review of the interim order.  After advising them on the preparation needed prior to the hearing, I attended the hearing to argue their case.  The panel accepted my arguments and revoked the interim order immediately, so the nurse is currently practising without any restrictions.  Now I am in the process of negotiating the complete withdrawal of the referral with the NMC, and as a result of the preparation we did earlier, I have very strong arguments to use in that negotiation.

The second hearing was a final hearing at the HCPC that my client was not able to attend because they had a health condition.  My client approached me to apply for the hearing to be postponed, but only did so less than 4 weeks before the hearing.  Because the application was so late, the HCPC would not deal with my application prior to the hearing, and so I needed to attend the first day of the hearing and make my application there.  Panels are very reluctant indeed to adjourn hearings on the first day, because witnesses, panel members, legal assessor and HCPC case presenter have attended ready for a multiple day hearing.  But because we had assembled our evidence and prepared our case carefully, the panel accepted my arguments and adjourned the hearing.

When the NMC investigate referrals, they prepare an investigation report which goes to the Case Examiners.  The Case Examiners decide if the case should be sent to a final hearing.  The investigation report usually contains the investigator's recommendation.  The goal therefore is to get the investigator to recommend no case to answer.  If you know what to do and what to say, this result can often be achieved.  Last week I received two investigation reports where the recommendation was no case to answer - exactly as planned when I advised the clients concerned.

When you take the right advice, that advice can start affecting the course of your referral straight away. Get it right from the start and you can shorten the referral process and make it easier on yourself in the process.