What is fitness to practise?

Fitness to practise ensures that healthcare professionals can perform their roles safely, effectively, and ethically. For nurses, this means maintaining the skills, knowledge, health, and character needed to provide high-quality patient care and meet professional standards.

The Nursing and Midwifery Council (NMC) sets out these standards in their code of conduct, which every registered nurse in the UK must follow to maintain their registration. These standards are designed to protect patients, uphold public confidence in the nursing profession, and ensure ethical practice.

When concerns arise about a nurse’s ability to meet these standards, they may face an NMC investigation or fitness to practise hearing. These proceedings can be distressing and potentially career-threatening without the right legal support.

The Importance of a Fitness to Practise Lawyer for Nurses

If you’re a nurse facing an NMC fitness to practise hearing, the stakes are high. Allegations of misconduct or failure to meet professional standards can result in suspension, conditions of practice, or being struck off the register.

A fitness to practise lawyer can guide and support you through this challenging process. Their expertise can help you build a strong defense, navigate the legal complexities, and protect your professional registration and reputation.

Common Fitness to Practise Concerns for Nurses

Nurses may face fitness to practise investigations for various reasons, including:

• Allegations of misconduct or unprofessional behavior

• Medication errors or clinical mistakes

• Concerns about physical or mental health affecting patient safety

• Breaches of ethical guidelines or patient confidentiality

• Criminal investigations or convictions

Each case is unique and requires a tailored approach to ensure fairness and preserve the nurse’s ability to practise.

How We Help Nurses in Fitness to Practise Cases

At What Rights, we specialize in providing comprehensive legal support to nurses throughout the fitness to practise process. Whether it’s during the initial investigation or representation at a hearing, our services are designed to achieve the best possible outcome.

Key Services We Provide

1. Fitness to Practise Hearings

• We provide representation in hearings conducted by regulatory bodies such as the General Medical Council (GMC), Nursing and Midwifery Council (NMC), Health and Care Professions Council (HCPC), Social Work England (SWE), and the Teaching Regulation Agency (TRA).

• Our legal team will present your case, ensuring the tribunal understands all relevant factors and evidence in your defense.

2. Interim Order Applications

• If you are under investigation, interim restrictions may be imposed on your practice.

• We help challenge unnecessary restrictions, reducing disruption to your career.

3. Restoration Applications

• If you have been struck off the NMC register, we provide guidance on applying for restoration.

• Our team builds a compelling case to demonstrate your readiness to return to nursing practice.

4. Employer Investigations

• Many fitness to practise cases begin with employer referrals.

• We offer support during disciplinary proceedings to protect your rights and avoid escalation to the NMC.

5. Criminal Investigations and Police Interviews

• If your professional conduct is linked to a criminal investigation, we provide expert legal advice and representation during police interviews and related proceedings.

These services reflect our dedication to protecting your career and helping you navigate complex legal and regulatory challenges with confidence.

Case Study: Failure to adequately risk assess/provide adequate and safe care

“We represented a psychologist referred to the HCPC for multiple fitness to practice failures, including a failure to adequately risk assess and failure to provide adequate and safe care.

This was complicated by the fact that our client believed that the allegations were racially motivated and made by a complainant who enlisted the help of their local MP to pursue them.

After we had made detailed submissions to the HCPC, the Investigating Committee considered the case, and concluded that the allegations could not be proven.  They took only 6 sentences to dismiss the allegations.”

Testimonial

"I can highly recommend the service Marc offers. I was registered with HCPC as a registered psychologist with 35 years in practice when I contacted Marc in relation to an HCPC fitness to practice complaint that I had sought prior legal advice for via my insurers. It was the first complaint of my entire professional career and a malicious one. On the first occasion I spoke to Marc I realised I had been ill advised to provide documents I should not have by the previous representative.
From the outset, it was clear to me that Marc’s knowledge of HCPC’s processes was highly specialised. Although he came across as softly spoken, his letters to HCPC were concise, to the point and he certainly did not mince his words when highlighting the discriminatory nature of the vexatious allegations against me.
Eventually almost a year later, HCPC concluded there was no case to answer. I subsequently decided to de-register shocked by the entire process. It certainly was a shocking eye opener I could not have imagined having assumed that these formal processes were fair.
I found Marc to be accessible, responsive and knowledgeable throughout the entire process and would highly recommend him over and above the legal adviser my insurers referred me to. I am certain that without Marc’s skilful intervention I would have been entirely at the mercy of HCPC and the outcome would have been a hugely different one. Thank You Marc, your work is invaluable in what has become a risky time for professionals like myself."
M.J., Beds, Feb 2021