The MedicAssistanceScheme works with nurses and midwives who are considering appealing a decision made by the NMC’s fitness to practise panel. We can advise you on the merits of an NMC appeal and provide you with representation in court should you decide to go ahead with it.
It is possible to appeal a decision of the NMC’s Fitness to Practise Committee. However, it is advisable to get urgent advice before any appeal is lodged. Whilst there is an automatic right of appeal, it is a significant risk. As the appeals are heard in the High Court, the Court will ordinarily order that the winner pays most of the loser’s legal fees. Therefore, there is a significant financial risk involved in appealing.
As well as the court application form, a document setting out the legal grounds of the appeal and a paginated bundle all needs to be lodged with the High Court by a strict 28-day deadline from the NMC’s decision.
At the Medic Assistance Scheme, our experienced lawyers give robust and realistic advice to nurses and midwives about their prospects of success with an appeal. This enables you to then make an informed decision about proceeding with an appeal.
If you have been struck off the register following an NMC investigation and, after 5 years have elapsed, you wish to apply for restoration, your application will be heard by the NMC’s Fitness to Practise Committee.
The Fitness to Practise Committee will consider if they can properly and safely restore your name to the register. They will want to consider what happened which resulted in you being struck off. They are likely to want to know
- what you have been doing since you were struck off;
- how you feel about the incident that led to you being struck off;
- how you can be sure something similar will not happen again;
- what you would like to do if your application was successful;
- what you have done to keep up to date with developments in the profession.