Fitness to Practise Inquiries 

Inquiries happen in a similar manner to a court case and are very formal. Most inquiries last one or two days but a small number take longer. Three members of the Fitness to Practise Committee (FTP Committee) hear each case. These include: 

• One nurse or midwife (depending on whether it is a nursing or midwifery case), and 
• Two people who are not nurses or midwives. 

At least one is a NMBI Board member, who will act as the Chairperson during the inquiry.  

An independent senior solicitor or barrister sits with the FTP Committee to provide legal advice during the Inquiry. They are not part of the decision-making process. 

The CEO’s legal team open the inquiry. The case is outlined and the evidence is presented. Witnesses and experts may be called to give oral evidence.   

The registrant or their representatives can put questions to the CEO’s witnesses and experts. They can also present their evidence in defence of the matter.

Will the inquiry be in public or private? 

Inquiries are normally heard in public unless the FTP Committee decides that part, or all of it should be held in private. The FTP Committee can also decide that the registrant or anyone giving evidence should be anonymised. If the inquiry is held in public, members of the public or media can attend.

Inquiry venue 

Inquiries are heard in person at the NMBI office in Blackrock, Co Dublin, remotely or hybrid via an online virtual platform.   

Burden of Proof 

Allegations made against a nurse or midwife must be proven beyond reasonable doubt at inquiry. If the allegations are not proven beyond a reasonable doubt, there will be no findings against them. 

Outcomes  

• No findings  

If the FTP Committee decides that the CEO has not proved the allegations and/or the grounds against a registrant, then they will make no findings and the complaint is dismissed. 

• Findings  

If the FTP Committee decides that the CEO has proved some or all of the allegations and/or the grounds then they will make findings against the registrant. 

Inquiry report     

After the inquiry, the FTP Committee will prepare a report for the Board of NMBI. The report will state if an allegation was: 

• proven to have occurred and that it amounts to the grounds referred (such as Professional Misconduct; Poor Professional Performance or Non-Compliance with the code) 
• proven to have occurred but that it does not amount to the grounds referred, or 
• not proven to have occurred.   

If allegations were not proven, the Board will consider the FTP Committee report and formally dismiss the case.

If allegations and grounds are proven, the FTP Committee report will recommend a sanction for the Board to consider. The Board will consider the FTP Committee report and recommendations on sanction before imposing the sanction.  

The FTP Committee report will state if any undertaking or consent have been given by the nurse or midwife to the FTP Committee, if applicable. 

Sanction  

A sanction is an action that is taken or an order that is given if findings are made against the registrant. When making decisions on sanction, the Board's primary purpose is to protect the public and serve the public interest and not to punish the nurse or midwife.  

Sanctions range from a warning to the most serious sanction of being removed from the Register of Nurses and Midwives.  

More information can be found in the inquiry booklet and through the links below.

Fitness to Practise Committee Procedures
Section 65 Procedures (Undertakings and Consents)