What happens if the complaint is referred for an inquiry
If the Preliminary Proceedings Committee (PPC) or the Board directs that the complaint about you is to be referred for an inquiry, the case officer will contact you to inform you of this decision.
The CEO’s solicitors will send you copies of the following:
- Notice of the allegations made against you
- Evidence in support of the allegations
- The proposed date of the inquiry together with details of the venue
- Notification that you and/or your representative are entitled to be present and to defend yourself at the inquiry
- Notification that you can apply to have the inquiry held otherwise than in public.
Any documents obtained during the course of the investigation will be disclosed to you.
Holding the inquiry in public or in private
Inquiries are held in public, except in certain circumstances. As the subject of a complaint, you may apply to the Fitness to Practise Committee (FTPC) for the entire inquiry or part of the inquiry to be held otherwise than in public (that is, in private) or for your identity to be anonymised. The FTPC will consider your application and decide whether the application shows “reasonable and sufficient cause".
If the inquiry is held in public, any member of the public may attend. The media will know about the inquiry and will have the right to report on the matter. Photographers and television cameras may be present outside the inquiry venue.
Inquiries are usually held at the offices of the NMBI.
What happens at the inquiry
You can read an outline of what typically happens and who will be present at an inquiry on the Inquiries / Hearings page.
After the inquiry
When all the evidence has been heard, the FTPC will draw up its report. The report will state whether or not the allegation(s) against you have been proven.
If the FTPC finds that the allegation(s) against you is not proven, the Board will dismiss the complaint. If the FTPC finds one or more of the allegations again you are proven, the report may also include a recommendation as to sanction which the Board of NMBI will then consider.
Certain sanctions must be confirmed by the High Court. These are listed on the Sanctions page. If the Board determines that one or more of those particular sanctions should be applied, it will apply to the High Court for confirmation. You will have twenty-one days to appeal this decision to the High Court. Appeals are held in public. In the event of an appeal, the case may be re-heard in full and witnesses may be called to give evidence at the appeal.
If the sanction to be imposed is an advice, admonishment or censure in writing, the Board does not need to apply to the High Court for confirmation of its decision.
What to do if a Complaint is Made About You
(PDF, 0.96 MB)