Nursing and Midwifery Council (NMC) Restoration

A nurse or midwife can apply for restoration if they have been removed or struck off by a Nursing and Midwifery Council (NMC) fitness to practise panel.  In order to be restored to the NMC register, you will need to satisfy the NMC that you are fitness to practise.

What is NMC fitness to practise?

The NMC defines fitness to practise as “being fit to practise requires a nurse, midwife or nursing associate to have the skills, knowledge, health and character to do their job safely and effectively.”

The NMC’s Code sets out the professional standards that nurses (including midwives and nursing associates) must uphold in order to be registered to practise in the UK.  Where there is evidence that a nurse does not meet these standards, the NMC will investigate and act where necessary, including removing (erasure or struck off) nurses, midwives or nursing associates from its register.

Applying for restoration

If a nurse or midwife has been struck off, they will need to apply for restoration to the NMC register.  The burden of proof is on the nurse or midwife to show that they are now a fit and proper person to be restored to the register.

Fitness to practise is in the present tense (also referred to as “current impairment”).  In practice, “current impairment” considers the fitness to practise of a healthcare professional at the point of consideration (i.e. application for restoration) not the time in the past when, for example, something went wrong.  Therefore, the remediation steps taken since the time in the past is important to demonstrate fitness to practise in the present.

A nurse can only apply for restoration after five years from the date the striking-off order came into effect (or from the date an appeal was dismissed by the relevant court).  A fitness to practise committee panel will hear a nurse’s application for restoration.

An application for restoration is complex.  Although you have a right to be represented before the fitness to practise committee panel (we strongly recommend you are), restoration is a process.  Key to this process is clear, specialist advice and guidance to help set the right approach and strategy.  We can advise nurses, midwives and nursing associates on statements, evidence, courses, insight and remediation to assist with restoration applications.

The fitness to practise committee panel will, for example, want to hear from about:

• 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?

It is important to remember that the fitness to practise committee panel is bound by the findings and decision of the panel that struck you off. The restoration hearing is not an opportunity to argue against the findings of the original panel, or the severity of its decision.

The panel can:

• Refuse the application, in which case you will not be able to make a further application for another year.
• 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.
• Impose 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.

Right to be represented

Nurses, midwives and nursing associates have a right to be represented in restoration hearings before a fitness to practise panel.  Whilst representation before a panel is important and advisable, you must remember that restoration is a process.  It will take time to gather the relevant evidence to support your case for restoration.

It is therefore important to seek expert legal advice at an early stage.  We work with clients over an appropriate length of time to ensure they are in the best possible position when appearing before a NMC fitness to practise panel.

Insight and Remediation

Substantial weight is attached to insight and remediation. The NMC’s fitness to practise panel will require evidence of how a nurse or midwife feel about the incidents that led to their name being removed and how they can be sure something similar will not happen again.

A restoration application following erasure due to impaired fitness to practise therefore needs to be approached with great care and consideration as to the right approach.  Nurse or midwife seeking restoration under these circumstances have sufficient time to prepare their case and evidence, and should seek expert legal advice at the earliest possible opportunity when considering a restoration application.

The correct strategy from the outset is crucial to good outcomes.  This is particularly the case for insight and remediation because remediation is often a long process.

The type of remediation will depend on the individual circumstances of your case.  Training is often an important factor in gaining true insight and evidence of genuine remediation. Insight Works Training has designed unique and practical courses focusing on impairment, reflection, insight, and remediation at highly competitive prices.

Case Studies

Kings View Chambers has had tremendous success in restoration applications.  You can read more about our case success, our excellent reviews and contact us for a free, no obligation case assessment.

Healthcare regulators set the learning outcomes and standards that must be covered by qualifications leading to registration. They also approve and monitor these training programmes. The standards expected of registered healthcare professionals are set by healthcare regulators and the standards expected of students are based on these principles.

We also act for, and represent, medical students facing competency, conduct and other fitness to practise proceedings.