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HomeComplaints Witness Guidelines After You Give Evidence

After you give evidence at a Fitness to Practise inquiry

evidence at a fitness to practice inquiry cover When you have finished giving evidence, you may leave the inquiry venue. If the inquiry is  being held in public, you may choose to stay and listen to the rest of the day’s  proceedings. If you choose to stay, you will be shown where to sit. 

 Once the CEO of the Nursing and Midwifery Board of Ireland (NMBI) has called all  the  evidence in support of the allegations, the nurse or midwife or his / her  representative  may then present evidence in his or her defence. However, there is  no obligation on the  nurse or midwife to do so.

 The CEO of the NMBI is obliged to prove the allegations against the nurse or  midwife to the appropriate standard, that is, beyond all reasonable doubt.
 
The  legal representatives for the CEO are entitled to cross-examine any witnesses called by or on behalf of the nurse or midwife.

When all the evidence has been heard, the CEO’s legal representatives will summarise the case in support of the allegations facing the nurse or midwife. The nurse or midwife or her representative may summarise the case against the allegations for the Board’s Fitness to Practise Committee (FTPC).

After the inquiry

When all the evidence has been heard, the FTPC will then prepare a report on the inquiry. This will state:

  • The nature of the complaint that resulted in the inquiry being held.
  • The evidence presented to the FTPC.
  • Any of the allegation(s) against the nurse or midwife have been proved and on which grounds.
  • If the nurse or midwife has given an agreement or consent of a specific kind.

If the FTPC makes findings against the nurse or midwife, the report of the FTPC will also include reference to the sanction being recommended to the Board by the FTPC. The report may be drawn up on the day of the Inquiry or at a later date.

The Board of NMBI will consider the report at the earliest possible opportunity. In the event that the FTPC finds that no allegation against the nurse or midwife is proved, the Board will dismiss the complaint. If the FTPC finds that any allegation against the nurse or midwife is proved, the Board of NMBI will determine the sanction to be imposed on the nurse or midwife.

Expenses

Once you have finished giving evidence at the inquiry, you can claim reimbursement of reasonable out-of-pocket expenses to which you may be entitled.

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What to do if called to give evidence at a fitness to practice inquiry


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