Unused material request template: letter and schedule — free to copy
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This free unused material request template is a ready-to-adapt letter and schedule for formally requesting disclosure of unused material from the NMC, GMC, GDC, HCPC, GPhC or Social Work England — with twelve pre-built categories covering the investigator’s file, employer records, witness history, expert material and process documents. Copy it straight from this page.
It is the companion template to our guide on unused material, disclosure and equality of arms. Read that guide first — it explains what unused material is, the red flags that justify a request, and how to test the regulator’s refusal grounds. If your request is refused or ignored, the next step is the disclosure application to the panel.
When should you use this template?
Send this request as soon as your evidence analysis has identified the gaps — well before any case management meeting, and long before the hearing. Early requests matter for a practical reason: material like CCTV has retention periods that expire, and a late request can mean the evidence no longer exists. It also matters tactically: a documented trail of requests and refusals is what turns a disclosure failing into a ground of appeal.
How do you use this template?
Complete the letter, then adapt the schedule: keep the pre-built categories that apply to your case, delete those that do not, and add case-specific items in the blank rows — always with a one-line reason tied to the disclosure test (undermines the regulator’s case or assists yours). Send by email to the case presentation team, copied to the case examiner, and follow up if there is no substantive response within 14 days. Use the tracking block at the end so nothing drifts.
Practice tip. Where you cannot name a specific document, name the class — “all telephone attendance notes with the complainant” — and the reason. The regulator cannot refuse a class request on the basis that you failed to identify a document you have never seen.
The template
(Copy and adapt from the page — use the buttons above the template. Working template — copy and adapt to your case and regulator. Not legal advice; use at your own risk.)
Working template — copy and adapt to your case and regulator. Not legal advice; use at your own risk.
REQUEST FOR DISCLOSURE OF UNUSED MATERIAL
Sender (registrant or representative): [name] · To (regulator case presentation team): [name/address] · Cc (case examiner): [name] · Date: [date] · Your reference / case reference: [reference]
Dear Sir or Madam,
Application for disclosure of unused material
I write in connection with the above matter, which is listed for substantive hearing on [date]. Having reviewed the case papers served to date, I make a formal application for disclosure of unused material falling within the categories set out in the attached schedule.
The application is made under [the relevant rule — e.g. NMC Rule 32 / GMC FTPR Rule 34 / HCPC Rule 6] and on the basis of the regulator’s common law duty of fairness, as informed by the established principle that the registrant must be given a fair opportunity to challenge the allegations, together with the regulator’s own published investigation guidance.
I confirm the test I have applied: each category of material identified might reasonably be considered capable of undermining the regulator’s case or assisting the case for the registrant. Where I am presently unable to identify a specific document, I have identified the class of document and the reason for the request.
I would be grateful if a substantive response could be provided within 14 days. If material is to be withheld, please identify the category of withholding and the basis relied on, so that I can consider whether to take the matter to the panel as a preliminary issue.
Yours faithfully,
Signed: [signature] · Name: [name] · Registration number / capacity: [number / capacity]
Schedule — categories and rationale
| # | Category / item | Why disclosable (undermines / assists) | Held by (if known) |
|---|---|---|---|
| 1 | Investigator notes and call logs | First-recorded account; tests later statement consistency | Regulator |
| 2 | Draft witness statements with comments / track changes | Tests how the witness’s account evolved | Regulator |
| 3 | Original referral or complaint as received | Often differs from the polished statement | Regulator / referrer |
| 4 | Employer internal investigation report | Records contemporaneous findings, may contradict | Employer |
| 5 | Datix / incident reports referenced in evidence | Independent contemporaneous record | Employer |
| 6 | Rota / shift / login records for [date] | Tests presence and timing | Employer |
| 7 | HR records of prior concerns against complainant | Goes to credibility / motive | Employer |
| 8 | Police material (if applicable) | Statements not used; alternative accounts | Police / regulator |
| 9 | Prior accounts of the same witness to other bodies | Inconsistency | Multiple |
| 10 | Expert preliminary opinion and instructions | Tests whether final opinion is independent | Regulator |
| 11 | Case examiner decision and reasoning | Records charges dropped or reformulated | Regulator |
| 12 | IOT papers and determinations | Records of evidence considered earlier | Regulator |
| 13 | [case-specific item] | [reason] | [held by] |
| 14 | [case-specific item] | [reason] | [held by] |
| 15 | [case-specific item] | [reason] | [held by] |
Follow-up tracking
- Date sent: ____________
- Acknowledgement received: ____________
- Substantive response due: ____________
- Response received and reviewed: ____________
- Items refused — preliminary issue to be raised on: ____________
[END OF TEMPLATE]
Frequently asked questions
How do I request unused material?
Send a written request headed “Application for disclosure of unused material” to the regulator’s case presentation team, copied to the case examiner. Cite the relevant procedural rule and the duty of fairness, attach a schedule identifying each category with a one-line reason, and set a 14-day deadline for a substantive response.
What categories of unused material should I ask for?
The investigator’s file (first accounts, notes, call logs, draft statements), employer material (internal investigation reports, Datix, rotas, HR records), witness history (prior accounts to other bodies, disciplinary history), police material, expert preliminary opinions and instructions, and process documents such as case examiner reasoning and Interim Order Tribunal papers.
What test applies to disclosure of unused material?
Whether the material might reasonably be considered capable of undermining the regulator’s case or assisting the registrant’s case. State expressly in your letter that this is the test you have applied — and where you cannot identify a specific document, identify the class of document and the reason for the request.
What if the regulator ignores my request?
Follow up after 14 days, then escalate to the panel by way of a disclosure application at the case management meeting or as a preliminary issue. Keep every letter and every refusal: a disclosure failure that causes unfairness is a recognised ground of appeal, and the paper trail is what proves it.
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This page is general information, not legal advice. No liability is accepted for reliance on it. Rules and guidance change — always check the current position or take specialist advice.