An article has appeared in the nursing press for which NMCWatch were interviewed. It reflects on the recent announcements by the NMC that they will be hiring external employees and lawyers to clear the backlog of cases, spending approx £1.1million on doing so. 

This is necessary as due to the pandemic they say they have been unable to conduct investigations and hearings to the same level as before and consequently it will be at least 2022 before the backlog is cleared.

This has sparked outrage in those that know about the Fitness to Practice process as there has been remote working throughout with virtual hearings occurring. The process is already lengthy - often exceeding the target of 15months completion from referral. 

In the annual FtP report ( April 2019 - April 2020) a pilot showed that 50% of cases were found to not reach the threshold for requiring regulatory intervention. The pilot was supposed to be finalised and put into practice in March this year but postponed due to COVID-19.

Some of our group have spoken up (consent given by all to publish)

1. (Paul Fisher) "These figures simply confirm the experience of registrants enduring the FTP process, registrants attest to the fact that the NMC regularly seek information or evidence from them setting strict timescales and demand adherence to those set dates, conversely the NMC give no more than indications of target dates for progression of cases, but registrants report almost total failure of these time scales on behalf of the NMC.
The process is unbalanced, as the regulator make regular demands upon practitioners but manifestly fail to adhere to any modicum of fairness by not responding expeditiously. If a registrant is to believe that the process is open and evenhanded then it needs to treat registrants equally. The NMC fail to show any commitment to a time scale, and as the whole system Is predicated upon fear, registrants are too intimidated to challenge delay, and indeed some of their representatives advise against “causing trouble” by questioning delay.
The process is absolutely unfit for purpose as there is no balance or equality. Registrants are disempowered and cast adrift by the NMC for months, sometimes years without any regular updates nor mostly, any adhered to, time constraints.
The statistics simply give a hint as to this dysfunctional and unfair under audited process that fails to respect the impact of lackadaisical uncaring process!"

2. (Deborah Hughes - Midwives Haven) "Midwives Haven spokesperson Deborah Hughes is concerned that there is no mention of an impact assessment on the well being of registrants or how a light-touch approach to professional regulation might be integrated into the management of this backlog.  For example, evidence of longstanding good practice, positive appraisals and testimonials should enable the NMC to close more cases at an early stage.  We also have many stories of prolonged "fishing" by NMC investigators to try to build a case against a registrant with multiple emails and phone calls to previous managers or colleagues trying to dig out "concerns".  We are particularly worried that malicious or vexatious referrals are continuing to be accepted against registrants who do not fit in a dominant culture, and that there is a lack of professional involvement at the screening stage. "

3. (Paul Golden) "In a word DESPAIR...there is great uncertainty about those being investigated being able to work indefinitely FINANCIAL HARDSHIP loss of income for registrants and loss of staff for the hospitals CONFUSION lack of clarity about hearings, some virtual ones not including the registrant or their supporters/assistants making unfair hearing more unfair.  The NMC document from page 64 onwards is full of inaccuracies. Investigations (by NMC or outsourced) appear to coach or even coerce witnesses to saying bad things about registrants.  NMC are not keeping in touch with registrants about delays which is increasing stress and reducing ability to work."

Another member of NMCWatch has written a letter to Mr Johnson himself - hoping he listens. 

Regulation is vital of course to ensure patient safety

There will be people who need to be removed from the working environment. 

There must be a better way.