What Rights - Fitness to Practice

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I forgot this one…

Things have been so busy that I forgot to write about an interesting case I had a couple of weeks back.

When a registrant gets struck off their professional register, it’s usually the case that they are prevented from applying to return to the register (“restoration”) until 5 years has elapsed.

However, in certain circumstances, it is possible to apply for restoration, by asking for a review of the strike off order.

I had such a case in front of the NMC. The nurse concerned had been struck off for misconduct, but in a case with a background of health concerns. I took the view that this was a case that might be suitable for review before the 5 years was up, and we submitted an application. The NMC agreed with me that it was a suitable case and listed the matter for a hearing.

At the hearing, the NMC case presenter informed us that we were all in quite an exclusive club - according to the NMC records, there had only been one other application to review a strike off order, ever!

For me, this was a prime example of how you can apply yourself creatively to a problem, in this case the 5 year deadline, and find a solution for your client.

Unfortunately, we were not able to conclude the case in time and it continues next year. I’ll be sure to update you with the result!