If you have been removed or struck off by the Nursing and Midwifery Council (NMC), you may wish to apply for restoration. The NMC will assess your fitness to practice before restoring you to the register, in line with Article 33 of the Nursing and Midwifery Order 2001.
According to the NMC website, fitness to practice can be best described as ensuring that a nurse, midwife, or nursing associate’s “skills, knowledge, education or behaviour do not fall below standards needed to deliver safe, effective and kind care”. If a nurse does not meet said required standards, the NMC can remove persons from their register.
Applying for restoration
Applications to the NMC register can only be made after five years have passed since the initial striking off order came into force. If an initial appeal was lodged, the five years will be recorded from the date of dismissal by the relevant court. Only one application for restoration can be made in a twelve-month period.
Application process
The restoration process will involve a standard application form submitted to the NMC. Following this, the NMC will provide a summary of the facts that resulted in the initial striking-off. You must also provide three referees that will be contacted by the NMC, discussing your suitability to be restored to the register.
Once this process is complete, you will appear before the fitness to practise committee panel (that you can be legally represented for). At the hearing, the panel considering your case are bound by the original decision of the fitness to practice committee; therefore, this is not another opportunity for you to argue the facts of your case again. The panel will ask questions such as:
- What have you been doing since you were struck off?
- How do you feel about the incidents that led to your name being removed?
- How can you be sure something similar will not happen again?
- What would you like to do if your application is successful?
- How do you plan to get back into professional practice?
- What have you done to keep up to date with developments in the profession?
- Do you think you need professional updating? If so, how do you plan to get it?
This information can be found in the NMC’s Restoration Guidance Document.
The panel will either:
- Refuse the application;
- Grant the application subject to you satisfying requirements relating to additional education or training and experience. You will then need to complete the readmission process; or
- Impose a conditions of practice order for up to three years which will come into effect once you have successfully completed the relevant education and training requirements and the readmission process.
It is important to seek legal advice for either representation at the fitness to practice hearing, and/or advice on completing the restoration application. For a no-obligation, confidential discussion with one of specialist NMC regulation lawyers, contact us now on 0161 696 6250 or via our online enquiry form.
You can also find a list of our NMC case studies here.
Comments