Interim orders after a sanction is imposed

When the panel announces its decision on a sanction, any interim order that has been in place up to that point will lapse unless the registrant is the subject of multiple referrals and at least one of those referrals has not yet been finally adjudicated on.

Where that is the position, the interim order will not lapse and we will list a review of the interim order to allow the change in circumstances to be considered.

If, however, the referrals that have not yet been finally adjudicated on have never previously been drawn to the attention of an interim order panel, the order will lapse.

Equally, if the referrals that have not yet been finally adjudicated on have been drawn to the attention of an interim order panel and the interim order panel has clearly indicated in their reasons that the interim order does not apply to the concerns in those referrals, the order will lapse.

Sanctions cannot take effect until the end of the appeal period, that is 28 days after the date on which the decision letter is served, or, if an appeal has been lodged, before the appeal has been finally determined.

The Fitness to Practise Committee has the power to impose an interim order for up to 18 months to cover this period.¹

The decision to make an order after a sanction has been passed involves discretion and careful consideration. It is not an automatic decision in every case.

Whenever it makes a conditions of practice order, suspension order or striking-off order, the Committee will consider whether or not to impose an interim order.

An interim order cannot last for longer than 18 months unless the Court extends the order. A nurse, midwife or nursing associate can ask for the Committee to review the interim order at any time if new evidence has become available which is relevant to the order. We can also ask the Committee to review the order if we think a review is needed.