NMC Hearings: A Guide for Nurses and Midwives
Facing NMC Hearings? Specialist Defence for Nurses and Midwives
An NMC hearing is a fitness to practise hearing held by the Nursing and Midwifery Council (NMC), the independent UK regulator for nurses, midwives and nursing associates. At the hearing, an independent Fitness to Practise Committee decides whether your fitness to practise is impaired and, if so, what sanction to impose on your registration.
At Regulation Resolution, we are specialist regulatory defence solicitors who represent nurses, midwives and nursing associates at NMC hearings. The majority of our clients are able to continue practising or to limit the impact on their registration. The earlier you contact us, the stronger the case we can build on your behalf.
What is the NMC and what happens at an NMC hearing?
The Nursing and Midwifery Council (NMC) is the statutory regulator for nurses, midwives and nursing associates in the UK. At a hearing, its independent Fitness to Practise Committee examines the concerns raised, decides whether the facts are proved, whether your fitness to practise is currently impaired, and what sanction, if any, is needed to protect the public.
What are the stages of an NMC fitness to practise hearing?
An NMC hearing usually follows a set sequence. The Fitness to Practise Committee first establishes the facts, then decides whether those facts amount to impaired fitness to practise, and finally determines the appropriate sanction. Understanding each stage helps you prepare targeted evidence and submissions.
- Preliminary and case management matters - the panel deals with any legal arguments, applications and whether all or part of the hearing should be held in private.
- Finding of facts - the panel decides which alleged facts are proved, applying the civil standard (the balance of probabilities).
- Statutory ground and impairment - if facts are proved, the panel considers whether they amount to misconduct, lack of competence or another ground, and whether your fitness to practise is currently impaired.
- Sanction - if impairment is found, the panel hears submissions on sanction and decides what order, if any, is needed to protect the public and uphold confidence in the professions.
- Interim orders and reasons - the panel gives reasons for its decision and considers whether an immediate order is needed while any appeal period runs.
At each stage you have the right to be represented, to give and challenge evidence, and to make submissions. Specialist representation ensures your account is presented clearly and persuasively.
What sanctions can the NMC impose?
If the Fitness to Practise Committee finds your fitness to practise impaired, it can impose one of five sanctions, ranging from a caution order through to being struck off the register. The panel chooses the least restrictive sanction that protects the public and maintains confidence in the professions.
| Sanction | What it means | Duration |
|---|---|---|
| Take no further action | No order is made on your registration, though a finding of impairment may still stand. | Not applicable |
| Caution order | A public mark that conduct was unacceptable; you can keep practising without restriction. | 1 to 5 years (not reviewed) |
| Conditions of practice order | You keep practising subject to specific, measurable conditions. | Up to 3 years, usually reviewed before it expires |
| Suspension order | You cannot practise while the order is in force. | Up to 1 year, usually reviewed before it expires |
| Striking-off order | Your name is removed from the register. | Restoration cannot be applied for until 5 years have passed |
The panel must also decide whether to impose an interim or immediate order to cover the period before any appeal. Our specialist regulatory defence solicitors make focused submissions on sanction to secure the least restrictive outcome available in your case.
Source: NMC Fitness to Practise Library, Sanctions guidance (nmc.org.uk).
Do I have to attend my NMC hearing?
You are not usually compelled to attend your NMC hearing, and a panel can proceed in your absence. However, attending, in person or remotely, and being represented is strongly in your interests: it lets you give evidence, respond to questions and demonstrate insight, all of which the panel weighs when deciding impairment and sanction.
If you cannot attend for good reason, your representative can ask for the hearing to be adjourned, or can make written and oral submissions on your behalf. Simply not engaging is rarely wise, because the panel will decide the case on the evidence before it, which may be one-sided.
Our specialist regulatory defence solicitors prepare you thoroughly for each stage, help you present reflective evidence, and ensure your voice is heard even where attendance in person is difficult.
How do I challenge an NMC decision?
Yes. If the NMC Fitness to Practise Committee makes a substantive order, you can appeal to the High Court (or the Court of Session in Scotland, or the High Court of Justice in Northern Ireland) under Article 38 of the Nursing and Midwifery Order 2001. The appeal must normally be filed within 28 days of the decision being served.
The court can quash the decision, substitute a different outcome, or send the case back to a fresh panel. Because the time limit is short and the grounds are technical, it is important to take specialist advice as soon as you receive the written determination.
There are also other routes to change an order. A suspension or conditions of practice order is usually reviewed before it expires, and you can put forward evidence of remediation at that review. Where circumstances change, an early review can sometimes be requested.
How else can Regulation Resolution help nurses and midwives?
NMC proceedings rarely arrive in isolation. Alongside representation at hearings, our specialist regulatory defence solicitors act across the full range of fitness to practise and related matters that can affect your registration and career.
- Interim orders hearings - representation where the NMC seeks to restrict your practice before the final hearing.
- Case examiner and investigation stage - preparing responses to referrals before a case reaches a hearing.
- Reviews of existing orders - presenting evidence of remediation to lift or reduce conditions or suspensions.
- Restoration applications - advising struck-off professionals on applying to rejoin the register after the minimum period.
- Parallel proceedings - coordinating your NMC response with any linked employer investigation, inquest or police matter, so nothing said in one forum undermines you in another.
Clear and fixed fees from the start
Facing an NMC hearing is stressful enough without worrying about unpredictable legal bills. We offer clear, upfront pricing tailored to your case, so you understand the cost of your defence before you commit. Get in touch for a free introductory conversation about your options.
NMC hearings: frequently asked questions
What is the standard of proof at an NMC hearing?
The NMC Fitness to Practise Committee decides whether the alleged facts are proved on the balance of probabilities, the civil standard. This means the panel must be satisfied that an allegation is more likely than not to be true before it can be treated as a fact.
How long does the NMC fitness to practise process take?
Timescales vary widely depending on the complexity of the case, the number of witnesses and whether an interim order is in place. Some cases resolve in months, while contested hearings can take considerably longer. Engaging early and providing clear evidence helps keep matters moving.
Can I keep working while my NMC case is ongoing?
Usually yes, unless the NMC imposes an interim conditions of practice or interim suspension order at an interim orders hearing. Many nurses and midwives continue to practise throughout the investigation, sometimes with agreed conditions, until a final hearing decides the outcome.
Will my NMC hearing be held in public?
NMC hearings are generally held in public and outcomes are published, but the panel can hear parts of a case in private, for example where health or personal matters are discussed. Your representative can apply for private sessions where it is fair and appropriate.
Do I need a solicitor for an NMC hearing?
You are not required to have a solicitor, but specialist representation significantly strengthens your position. A regulatory defence solicitor can test the evidence, prepare reflective statements, and make focused submissions on impairment and sanction that can change the outcome.
What happens if I am struck off the NMC register?
A striking-off order removes your name from the register and you cannot practise. You may not apply for restoration until at least five years have passed, and you must satisfy a panel that you are fit to return. Specialist advice is essential before any restoration application.
Why choose Regulation Resolution for your NMC hearing?
We take a proactive, strategic approach to defending careers threatened by NMC fitness to practise proceedings. As specialist regulatory defence solicitors, the majority of our clients are able to continue practising or to limit the impact on their registration.
Every case is different, so we build a tailored defence strategy around your circumstances, never a template. We can represent you at each stage, from the investigation and any interim orders hearing through to the substantive hearing and any appeal.
If you are a nurse or midwife facing NMC action, you can also read more about how we help on our NMC defence service page.
Contact Regulation Resolution today for a confidential consultation and let us protect your reputation and your livelihood.
Please call us now on 0208 088 5161 or complete our contact form here and we will be in touch to help you.