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Preliminary Proceedings Committee investigates complaints

The role of the Preliminary Proceedings Committee (PPC) of the Nursing and Midwifery Board of Ireland (NMBI) is to consider complaints referred to it under the Nurses and Midwives Act 2011. The Committee may investigate complaints and form an opinion as to whether or not further action is warranted. The PPC must act in accordance with Part 7 of the Act and any agreed procedures.

Committee members

The PPC is a statutory committee of the Board of the Nursing and Midwifery Board of Ireland, established under the Act. According to the Act, the PPC must be comprised as follows:

  • At least one third of the PPC members must be members of the Board.
  • The chairperson must be a member of the Board.
  • The majority of the PPC members may not be or may not have been registered nurses or midwives in this State or any other jurisdiction.

The PPC consists of eleven members. They are as follows:

Board members:

  • Aine Lynch (nurse)
  • Don Faller (non-nurse/midwife)

Non-Board members:​

  • Andrew Popplewell (non-nurse/midwife)
  • Geraldine Campbell (non-nurse/midwife)
  • Deirdre Naughton (midwife)
  • Colum Bracken (nurse)
  • James Doorley (non-nurse/midwife)
  • Brendan O'Dea (non-nurse/midwife)

The PPC held its first meeting on 4th September 2013.

Procedures of the Preliminary Proceedings Committee (“the PPC”)

This document should be read in conjunction with Parts 7, 8 and 9 of the Nurses and Midwives Act 2011,  as amended (the "2011 Act"). 

This document is furnished to all complainants and to all nurses and midwives who are the subject of a complaint pursuant to section 55 of the 2011 Act.  

The Preliminary Proceedings Committee (the "PPC") is the committee within the Nursing and Midwifery Board of Ireland (the “Board”) that is responsible for giving initial consideration to complaints.  

The PPC is a statutory Committee of the Board, established under Section 24(2)(a) of the 2011 Act. 

The PPC is comprised of eleven members. The quorum for the PPC shall be six. 

The PPC shall be supported by a secretariat, composed of one or more staff of the Nursing and Midwifery Board of Ireland who shall be responsible for administrative matters to support the functioning of the PPC. . This document is furnished to all complainants and to all nurses and midwives who are the subject of a complaint pursuant to section 55 of the 2011 Act.

Initial management of a complaint

1.   Further to section 55 of the 2011 Act, a person (including the Board) may make a complaint to the Chief
     Executive Officer of the Nursing and Midwifery Board of Ireland (the "CEO") concerning a registered nurse or
     registered midwife. 

2.  When a complaint is received by the CEO, any member of staff appointed by the CEO to assist the CEO and the PPC,
     shall carry out the following: 

      
a.  Record the date of receipt of the complaint.

      b.  Assign a reference number to the complaint.

      
c.  Open a complaint file to be maintained in the Fitness to Practise Department ("FTPD") of the Board. The file may
           be maintained in paper or electronic form or a combination of both. 

      
d.  Take such steps as are necessary to confirm the identity of the nurse/midwife on the Register. This may require
           seeking further information or documentation from the complainant or another party. 

      
e.  Place on the file an extract from the Register to reflect the following information: 

               
i.    The nurse/midwife's full name; 

                
ii.   The nurse/midwife's PIN number;

                
iii.  The nurse/midwife's registered address; 

                
iv.  The date on which the nurse/midwife was granted registration with the Board; 

                
v.   The division(s) of the Register in which the nurse/midwife is currently registered. 

      f.  Place a ‘FTP Complaint’ Flag and 'Refer to Fitness to Practise Department' alert on the computerised registration
          database with a view to ensuring that requests for any amendments to the nurse/midwife's registration status are
          notified to the FTPD.

Investigation of a complaint 

Communication with the Complainant

1.   An Authorised Officer ("AO") (appointed by the CEO in accordance with section 56 of the 2011 Act) will be
     appointed by the CEO to investigate the complaint. 

2.  The assigned AO shall as soon as reasonably practicable and in writing acknowledge receipt of the complaint and
     provide to the complainant a copy of these procedures together with a copy of any other documentation published
     by the Board in relation to making a complaint against a nurse/midwife which is in place at the time. 


3.  The AO will also consider whether any circumstances arise which would require the investigation of the complaint to
     be adjourned, such as an ongoing criminal or workplace investigation. Should such circumstances arise at any time
     during the AO’s investigation, the AO will advise the CEO of the circumstances. The CEO will then adjourn the
     investigation of the complaint and will inform the PPC, the registered nurse/registered midwife and, to the
     appropriate extent, the complainant of the adjournment. The CEO shall request the AO to monitor the circumstances
     so that the investigation can recommence at an appropriate time. 


4.  The AO may also seek, from the complainant, copies of any further documents which are referred to in the complaint,
     either explicitly or implicitly. The AO may also seek information from the complainant, where appropriate, as regards
     the employment history and status of the nurse/midwife. 


5.  Further to section 56A(4) of the 2011 Act, the AO may by notice in writing given to the complainant, do one or more
     of the following: 

                
i.    require the complainant to verify, by affidavit or otherwise, anything contained in the complaint; 

                
ii.   request the complainant to provide, within a reasonable period specified in the notice, further information
                      relating to the matter the subject of the complaint;  

                
iii.  require that the information requested under paragraph (ii) be provided by means of a statutory
                      declaration. 


6.  If the complainant does not comply with a notice issued under section 56A(4)(without a reasonable excuse), the CEO
     may refuse to consider or further consider the complaint. 


7.  The CEO may refer an anonymous complaint to the Board with a view to the Board becoming the complainant in
     circumstances where the CEO is satisfied that the complaint is made in good faith and/or there is supporting
     documentation.

A. Complaints not made in good faith, frivolous or vexatious

1.  Following receipt of the complaint and accompanying documentation, the AO will provide copies of the complaint and accompanying documents to the CEO for initial consideration. 

2.  If the CEO is satisfied that the complaint is not made in good faith or is frivolous or vexatious, in accordance with  
     Section 55(2B) of the 2011 Act, the CEO shall not investigate the complaint unless the complainant is the Board.  


3.  In the event the CEO is satisfied that the complaint is not made in good faith or is frivolous or vexatious, the AO will        notify, in writing, the complainant of the decision and the reasons for it. Such notification will also be provided to the        registered nurse or registered midwife where the CEO is of the opinion that that it is in the interests of the    
     complainant, or the registered nurse/midwife, or of both, to do so.

B. Investigation of the complaint by the AO

Subject to part B above, the AO will then take steps to investigate the complaint, including but not limited to:  
      a.  Writing to An Garda Síochána to confirm whether any Garda investigation has concluded, and if so, the outcome              of that investigation.   

      b.  Writing to the registrar or clerk of a court which has convicted a nurse or midwife of an offence in the State to                   provide a copy of a certificate of conviction (or in the case of the District Court, a certified copy of the order
           made 
 by the Court), or a certified copy of the judgment, or both, in respect of the offence that may be required
           for the 
purposes of the investigation (such letter to be signed by the CEO). 

      c.  Writing to the relevant Coroner to confirm whether any Inquest into the death of a relevant party has completed. 

      d.  Considering what further documents are required to investigate the matter. 

      
e.  Interviewing persons for the purposes of assessing the relevance or evidential value of information or documents
           they wish to give to the CEO or PPC.

      
f.   Interviewing persons as to the evidence they propose to give to the PPC and recording the statements given and
           answers made by persons while being so interviewed. 

      
g.  Requesting a person interviewed to sign a record of a statement made or answer given by the person during the
           interview (if authorised by the CEO to do so).
1 

      h.  
Requesting persons to provide the CEO with statements in writing concerning any matter relevant to the CEO or
           PPC’s functions and examining statements given in response to the requests; 

      
i.   Procure an expert report if required (if authorised by the CEO to do so).

C.   Further to section 56A (8) of the 2011 Act, the AO may by notice in writing to a registered
      nurse or registered midwife the subject of a complaint, require the nurse or midwife to
      provide the AO, within a reasonable period specified in the notice, with such information
      relating to the complaint as is specified in the notice.

 

D.   Production Summonses 

1.  Records containing personal datawhich are required by the AO for the purposes of the investigation must be        
     obtained using the production summons process set out below. Records which do not contain personal data 
     
     (e.g. policies, procedures, guidelines etc) may be requested from the record holders without the use of the 
     
     production summons process, if the record holder is satisfied to release them voluntarily. If the record holder 
does not
     wish to release the records on a voluntary basis, the production summons process may be used. 

2.  The procedure to be applied in respect of the production of records is as follows: 

      
a.  In circumstances where the AO requires the production of any records containing personal data, both parties will
           be notified that a Production Summons has been sought. 

      
b.  Where the person concerned objects to the application, the application should be considered by the PPC and the
           views of the person whose data is concerned should be taken into consideration by the PPC in assessing the AO’s
           application. 

     
c.  Where the records required contain no personal data, a request in writing by the AO may be made to the record
           holder concerned. In circumstances where the request is not complied with, an application for a production
           summons for these records (not on notice) may be made to the PPC.

E.  Communication with the Registered Nurse/Midwife 

1.  Further to section 56A(6) of the 2011 Act, the AO shall give notice in writing of the complaint to the registered
     nurse/registered midwife who is the subject of the complaint, its nature and the name of the 
complainant. 

2.  The AO will provide the registered nurse or midwife with a copy of the complaint and accompanying documentation. 
     A copy of any further documentation obtained by the AO as part of his/her investigation will also be sent to the
     nurse/midwife on receipt.  


3.  The nurse/midwife shall be advised of his/her right to provide to the AO any information that the nurse/midwife
     believes should be considered by the PPC. The AO will stipulate a reasonable time period (generally four weeks)
     within which the nurse/midwife may furnish such information. The nurse/midwife shall also be provided with a copy of
     these procedures together with a copy of any documentation published by the Board in relation to dealing with a
     complaint. 


4.  A nurse/midwife who is the subject of a complaint or his/her representative may, in writing, request an extension of
     time in which to respond to the complaint. Any extension of time granted by the AO will not exceed a period of four
     weeks. Any second request for an extension of time will be considered by the CEO who may decide to grant the
     application. If a subsequent request is made for an extension of time, such a request will be granted in extenuating
     circumstances. 


5.  When a nurse/midwife is initially informed of a complaint made against him/her, the nurse/midwife will be notified
     that it is advisable that they contact their representative body/seek independent legal advice. The nurse/midwife will
     be requested to inform the AO/CEO of any person who is representing him/her. In the event that the AO/CEO is
     notified that the nurse/midwife is now represented, a copy of the documentation referred to at E(2) above will be
     sent to the representative. The AO may inform the representative that the four-week timeline for receipt of a
     response starts again. It will be assumed that the representative has the authority to accept delivery of all
     correspondence/documentation from the NMBI in relation to the complaint. As such, correspondence will only be
     sent to the representative unless the registrant/representative indicates otherwise. 


6.  In circumstances where a registrant does not contact the NMBI or engage in the process, the AO may proceed to
     prepare the investigation report, provided that efforts have been made to contact the registrant via the email address
     and the postal address that appears on the Register. 


7.  The AO shall notify the complainant and the nurse/midwife of the date of the PPC meeting at which the complaint
     may be considered.

F.  Further Communication

1.   The AO may provide the complainant with a copy of the response from the registered nurse/midwife, where it
     is considered appropriate to do so. The response may be redacted as necessary (for example, to remove
     personal data regarding health, if that is appropriate). Any further comments received from the complainant
     will be provided to the nurse/midwife and/or his/her representative to consider. The AO may provide the
     complainant with a copy of any appendices where it is appropriate to do so submitted with the response from
     the registered nurse/midwife, subject to the redaction of information as necessary. 

2.  In addition, the CEO may (through the AO if appropriate) in relation to the complaint concerned, inform, in addition
     to the complainant, other parties to the proceedings under the 2011 Act concerning the complaint, of the decisions
     made by the CEO, any committee and the Board in relation to the complaint concerned.

3
.  In the event that a complainant is provided with the registrant’s observations and comments, the complainant will be
     invited to provide any observations and comments that he or she wish in writing to make within 14 days. A request
     for an extension may be granted in circumstances where it is appropriate to do so. 


4.  In the event that the complainant does not provide any observations and comments in writing, notwithstanding the
     fact that he/she has been requested to do so, the AO may conclude the preparation of his/her investigation report
     and bring the matter before the PPC.

G.  The Investigation Report

1.   The AO shall consider the complaint and all supporting documentation and prepare an investigation report
     for the CEO. The investigation report will be accompanied by a Schedule of Documents. 

2.  The investigation report may take account such matters relating to the registered nurse/registered midwife the
     subject of the complaint that arise from the investigation of the complaint as the AO considers appropriate, including
     (in general or specific terms):  

                
i.   Details of the complaint; 

                
ii.  Details of any response provided by the registered nurse/midwife; 

                
iii. Details of any response provided by the complainant; 

                
iv. Details of any reports received. 

3.  Following receipt of the investigation report, the CEO (through the AO if appropriate) will provide a copy of the
     investigation report and documentation to the nurse/midwife and/or his/her representative for observations and
     comments. The nurse/midwife shall have four weeks within which to respond to the matters referred to in the
     investigation report and documentation provided. 


4.  As soon as is practicable following the conclusion of the four-week period referred to at point 3 above the CEO shall
     forward the complaint and the investigation report together with any response received from the nurse/midwife and
     any other information which the CEO deems appropriate to the PPC for consideration. 


5.  An extension of a four-week period  may be requested by the registrant or the registrant’s representative and may be
     granted where it is appropriate to do so. 


6.  In circumstances where a registrant does not provide any observations and comments, the matter may proceed to the
     PPC who may make a decision in relation to the matter, notwithstanding the fact that no observations and comments
     have been received from the registrant. 


7.  In circumstances where a registrant has provided observations and comments and is then provided with an
     opportunity to provide further observations and comments in relation to further information received in relation to
     the complaint but declines to do so, the matter may proceed to the PPC who may make a decision in relation to the
     matter. 


8.  In the event that a complainant is provided with the registrant’s observations and comments, the complainant will be
     invited to provide any observations and comments that he or she wish in writing to make within 14 days. A request
     for an extension may be granted in circumstances where it is appropriate to do so.  


9.  In the event that the complainant does not provide any observations and comments in writing, notwithstanding the
     fact that he/she has been requested to do so, the PPC may proceed to make a decision where it is appropriate to do
     so. 


10. In circumstances where a nurse does not contact the NMBI or engage in the process, the PPC will make a decision in
      relation to the matter, provided that efforts have been made to contact the registrant via the email address and/or
      postal address which appears on the Register.

H.  Withdrawal of a complaint

      a.   Where a complaint is withdrawn before it is considered by the PPC, the CEO may, in accordance with
           section 56A(10) of the 2011 Act: 

                i.   decide that no further action is to be taken in relation to the matter the subject of the complaint, or 

                 
ii.  proceed as if the complaint had not been withdrawn.

      
b.  The AO will inform the complainant and the registered nurse or midwife of the CEO’s decision.

I.  Immediate suspension to protect the public

On each occasion when the CEO considers the complaint, the CEO shall consider whether immediate suspension of the nurse/midwife's registration is necessary to protect the public. If the CEO considers that immediate suspension may be necessary, it shall provide the Board with a copy of the complaint and any accompanying documentation for the Board's consideration pursuant to section 58 of the 2011 Act. 

The PPC may decide to refer a matter to the Board’s attention for consideration under Section 58 of the Nurses and Midwives Act, 2011.

J.  Consideration of a complaint by the PPC

1.   The PPC shall make reasonable efforts to ensure that it acts expeditiously and that complaints are processed
     in a timely manner. The PPC and the CEO shall act at all times in accordance with the principles of fair
     procedures and in the interests of natural justice. 

2.  As soon as is reasonably practicable following receipt of the complaint, the investigation report, and any other
     information, the PPC shall consider whether there is sufficient cause to warrant further action being taken in relation
     to the complaint. 


3.  The documentation/information referred to at 2 above will be furnished to the members of the PPC for consideration
     in advance of the PPC meeting. 


4.  If the PPC decides that additional information or an additional investigation or both is required, it shall advise the
     CEO of that opinion. The CEO shall then take the following steps: 

      
a)  seek to obtain the additional information required and give it to the PPC, or 

      
b)  ensure that the additional investigation is undertaken and the further investigation report arising from the
           additional investigation is given to the PPC or both if so required. 


5.  The AO will take any further steps as directed by the CEO including obtaining further information and/or preparing
     an additional investigation report. 


6.  The AO will, unless otherwise directed by the CEO, provide a copy of the additional investigation report and/or
     further information to the nurse/midwife and/or his/her representative for comment. The nurse/midwife shall have
     four weeks within which to respond to the matters referred to in the additional investigation report and/or additional
     information. 


7.  When a complaint relates to a matter that is already the subject of a pending or ongoing FTP inquiry, the PPC may
     defer consideration of the complaint until the pending or ongoing FTP inquiry has concluded. 


8.  As soon as is practicable following the conclusion of the four-week period referred to at point 8 above, the AO shall
      provide a copy of the additional investigation report, and/or the additional information and any response from the
      nurse/midwife and/or his/her representative to the CEO for consideration. 


9.  The CEO will provide the additional investigation report and/or additional information obtained and/or any response
      received from the nurse/midwife to the PPC. 


10. The CEO may provide the complainant with a copy of the additional response from the registered nurse/midwife, if it
      is deemed appropriate to do so and subject to any redactions which may be required (for example, personal data in
      relation to health). Any further comments received from the complainant will be provided to the nurse/midwife
      and/or his/her representative to consider. The CEO may provide the complainant with a copy of any appendices
      submitted with the response from the registered nurse/midwife, subject to any redactions which may be required. 


11. In the event that a complainant is provided with the registrant’s additional response, the complainant will be invited
      to provide any observations and comments that they wish to make in writing within 14 days. A request for an
      extension may be granted in circumstances where it is appropriate to do so. In the event that the complainant does
      not provide any observations and comments in writing, notwithstanding the fact that he/she has been requested to
      do so, the PPC may proceed to make a decision where it is appropriate to do so. 


12. All documentation or information procured by the AO/CEO during the course of its investigations, shall be furnished
      to the nurse/midwife, and/or his/her representative and an additional period of time (no more than four weeks) will
      be given to the nurse/midwife and/or his/her representative for any further response to be furnished to the PPC. 


13. An extension of a four-week period may be requested by the registrant or the registrant’s representative and may be
      granted where it is appropriate to do so.

Decision of the PPC

1.  Once the PPC is satisfied that it has sufficient material upon which it can make a decision or the PPC is
     satisfied that further investigation is unlikely to disclose additional information that is likely to substantively
     alter the PPC's opinion, the PPC shall first consider:  

      a.  All information/documentation relating to the complaint including such matters relating to the nurse or midwife,
           the subject matter of the complaint, that arises from the CEO’s investigation of the complaint and the
           investigation report and other information as it considers appropriate, and; 

      
b.  Whether the complaint is trivial or vexatious or without substance or made in bad faith. 

2.  The PPC shall then proceed to consider whether:

      
a.  there is sufficient cause/prima facie case to warrant further action in relation to the complaint, 

      
b.  the complaint should be referred to another body or authority, or 

      
c.  the complaint is one that could be resolved by mediation or other informal means pursuant to guidelines
           prepared under section 60(1) of the 2011 Act. 


3.  Where the PPC is of the opinion that there is a prima facie case to warrant further action being taken in relation to a
     complaint, the PPC shall refer the complaint to the FTPC together with all material that the PPC is of the opinion are
     relevant to the complaint and that the FTPC needs to consider to dispose of or otherwise deal with the complaint. 


4.  Where the PPC is, in respect of a complaint, of the opinion that: 

      
a.  there is not sufficient cause to warrant further action being taken in relation to the complaint, 

      
b.  the complaint should be referred to another body or authority, or 

      
c.  the complaint is one that could be resolved by mediation or other informal means pursuant to guidelines
           prepared under section 60(1) of the 2011 Act. 


It shall inform the Board of that opinion.  

5.  Where the PPC is of the opinion that there is not a prima facie case to warrant further investigation of a complaint,
     the PPC shall record one or more reasons for its opinion. 


6.  The Board may, after considering the opinion of the PPC in respect of a complaint, do one or more than one of the
     following: 

                
i.   decide that no further action is to be taken in relation to the complaint;

                
ii.  direct the PPC to refer the complaint to another body or authority; 

                
iii. refer information in relation to the complaint in accordance with a co- operation agreement entered into
                     under section 15; or 

                
iv. refer the complaint for resolution by mediation or other informal means; or 

                
v.  if it considers it necessary to do so, direct that further action be taken by referring the complaint to the
                    FTPC pursuant to section 61 of the Act. 


7.  Where the PPC refers a complaint to the FTPC, the PPC shall record the ground(s) upon which the complaint is being
     referred to the FTPC. 


8.  Where a complaint is withdrawn while it is being considered by the PPC, the PPC may, 

      
a.  decide that no further action is to be taken in relation to the matter the subject of the complaint, or 

      
b.  proceed as if the complaint had not been withdrawn. 

9.  In circumstances where further information is received from a complainant after a complainant has been notified of
     the PPC opinion that there is not sufficient cause to warrant further action, the documentation will be provided to the
     nurse/midwife and the Board at its next meeting. The nurse/midwife may respond to the further information if they
     wish to do so. Any further response made by the nurse/midwife will be provided to the Board when it considers the
     opinion of the PPC. 


10. In circumstances where further information is received from a registrant after a registrant has been notified of the
      PPC opinion that there is not sufficient cause to warrant further action, the documentation will be provided to the
      Board at its next meeting. 

Undertakings and Consents

1.  The PPC may request the nurse/midwife the subject of the complaint to do one or more of the following: 

      a.  if appropriate, undertake to not repeat the conduct the subject of the complaint; 

      
b.  pursuant to section 87(2), demonstrate her or his relevant competencies to the satisfaction of the Board; 

      
c.  take such steps as may be specified by the PPC, which may include taking a course of education or training or
           gaining clinical practice experience for the express purpose of updating her or his skills and knowledge; 

      
d.  consent to undergo medical treatment; 

      
e.  consent to being censured by the Board. 

2.  The options open to the PPC at a) to e) above are described as “undertaking(s) and/or consent(s)” in these
     procedures. 


3.  If the PPC is minded to exercise its discretion to request a nurse/midwife to provide an undertaking(s) and/or
     consent(s), the PPC will specify the precise terms of the undertaking(s) and/or consent(s) which the PPC is minded to
     request and the reason(s) why it is minded to make such request(s). The PPC will seek the views of the nurse/midwife
     (or her/his legal representative) and the CEO regarding the specific undertaking(s) and/or consent(s) which the
     Committee is minded to request. The CEO may request an opportunity to ascertain the views of the complainant
     and/or a relevant patient(s) and/or her/his/their family in respect of the specific undertaking(s) and/or consent(s)
     proposed.  


4.  The PPC will consider the submissions of the nurse/midwife (or her/his legal representatives) and the CEO before
     making a request in accordance with section 57A(1) of the Act. 


5.  The PPC will not indicate that it is minded to request the nurse/midwife to provide an undertaking(s) and/or
     consent(s) unless: 

                
(i)   the AO has completed his/her investigation into the matter; 

                
(ii)  the AO has prepared his/her finalised Investigation Report; 

                
(iii) the registrant has been provided with an opportunity to respond to the Investigation Report and any other
                      relevant documents as provided to the PPC; and 

                
(iv) the CEO is satisfied that the PPC has the requisite information available to it to allow the PPC to consider
                      any such proposed undertaking(s) and/or consent(s). 


6.  A registrant and/or her/his representatives may invite the PPC to consider whether it is minded to request a specific
     undertaking(s) and/or consent(s) from the registrant. In such a situation, the PPC will seek the views of the CEO to the
     proposed undertaking(s) and/or consent(s). The CEO may request an opportunity to ascertain the written views of the
     complainant and/or a relevant patient(s) and/or her/his/their family in respect of the specific undertaking(s) and/or
     consent(s) proposed. In the event that the complainant and/or the relevant patient(s) and/or her/his/their family
     provides their views in writing in relation to the undertaking and /or written consent(s) proposed, a copy will be
     provided to the PPC and the registrant who may provide a reply if he/she wishes to do so. 


7.  If a specific undertaking(s) and/or consent(s) is requested by the PPC, and is agreed to by the registrant, the PPC will
     inform the complainant of the position. The PPC will also consider whether to inform a relevant patient(s) and/or
     her/his/their family of the specific undertaking(s) and/or consent(s). 


8.  Where the PPC requests a specific undertaking(s) and/or consent(s) and the registrant agrees to such undertaking(s)
     and/or consent(s), the undertaking(s) and/or consent(s) shall be provided in writing by the registrant and the
     investigation into the complaint shall be considered to be completed, and the matter will not be referred to the FTPC
     per section 61. The PPC will submit to the Board a report in writing specifying the nature of the complaint that
     resulted in the investigation and the measures included in the undertaking or consent. 


9.  Where a registered nurse or a registered midwife refuses to give an undertaking(s) or consent(s) the subject of a
     request by the PPC, the PPC will proceed as if the request had not been made.

Application to come off the register in circumstances where the nurse/midwife is the subject of a complaint that has not been disposed of or dealt with by the PPC.

1.  A registered nurse/midwife may make an application to the Board to have his or her registration removed
     from the register of nurses and midwives or a division of the register of nurses and midwives. 

2.  In circumstances where the registered nurse/midwife is the subject of a complaint which has not been disposed of or
     dealt with by the PPC, the Board may grant such an application if the Board is satisfied that the removal of the nurse’s
     or midwife’s registration would not be contrary to the public interest. 


3.  In the event that the Board agrees to the removal of the registered nurse/midwife in such circumstances, the
     nurse/midwife will be restricted from making an application to have their registration restored.

Procedures

In accordance with the provisions of section 24 (16), the PPC will regulate its own procedures. These procedures shall apply to all complaints received on or after 1 August 2021. 

Failure by the Board or any of its members or staff to comply with these procedures shall not of itself invalidate any act or omission.  

These procedures may be amended from time to time.  

Please note for the purposes for these procedures, the CEO may delegate his/ her authority to the PPC and/or authorised officers of the PPC Division.

Approved by the Preliminary Proceedings Committee 

Date: 8th September 2021 
 

 Where such a request is made, the AO must inform the person concerned of the FTPC’s powers under section
   64 to give a direction in relation to the statement or answer the subject of the request. 
 “Personal data” is defined in the General Data Protection Regulation (“GDPR”) as “any information relating to an
   identified or identifiable natural person”.

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