Lack of competence
Lack of competence would usually involve an unacceptably low standard of professional performance, judged on a fair sample of their work, which could put patients at risk. For instance when a nurse, midwife or nursing associate also demonstrates a lack of knowledge, skill or judgement showing they are incapable of safe and effective practice.
Unless it was exceptionally serious, a single clinical incident would not indicate a general lack of competence on the part of a nurse, midwife or nursing associate.
We recognise that nurses, midwives and nursing associates sometimes make mistakes or errors of judgement. Our starting position is that the nurse, midwife or nursing associate is usually a safe and competent professional but something may have happened that got in the way of them delivering safe care.
If concerns are raised about the general competence of a nurse, midwife or nursing associate we’ll seek to understand the circumstances at the time. We’ll also look at their practising history and not just at the period of time when the concerns arose. This will help us understand if there is a particular area of practice where there may be concerns or whether they are more general in nature.
Where we identify a gap in the nurse, midwife or nursing associate’s knowledge or training we’ll try to help them understand what they can do to address this gap and demonstrate they’re safe to practise.
It’s important that we find out how this gap occurred and in particular if it raises a concern about the quality or availability of support and supervision at a particular setting or whether there’s evidence of discrimination or victimisation. If there is such evidence we may need to take some additional action, such as sharing information with other regulators or employers.
- Download
- Email Page
- Last Updated: 14/04/2021
Want to download and print whole sections of this FtP library? Visit the downloads page.
FtP library
-
Understanding Fitness to Practise
- Aims and principles for fitness to practise
- Allegations we consider
- How we determine seriousness
- Why we screen cases
- When we use interim orders
- Investigations
- Examining cases
- How we manage cases
- Meetings and hearings
- Resolving cases by agreement
- What sanctions are and when we might use them
-
Taking account of context
- Taking account of context - overview
- 1: We’ll approach cases on the basis that most people referred to us are normally safe
- 2: We’ll seek to build an accurate picture about the nurse, midwife or nursing associate’s practising history
- 3: We’ll always carefully consider evidence of discrimination, victimisation, bullying or harassment
- 4: Where risks are caused by system and process failures, we’ll concentrate on the action we can take to help resolve the underlying issues
- 5: In cases where a nurse, midwife or nursing associate was required to use their professional judgement we’ll respond proportionately
- 6: Evidence of steps the nurse, midwife or nursing associate has taken to address serious concerns caused by a gap in knowledge or training or personal context factors
- 7: We’ll always look into whether group norms or culture influenced an individual’s behaviour before taking action
- 8: Where an incident has occurred because of cultural problems, we’ll concentrate on taking action to minimise the risk of the same thing happening again
- What context factors we think are important to know about when considering a case
- Our culture of curiosity
- Decisions of the Disclosure and Barring Service (DBS) and Disclosure Scotland
- Insight and strengthened practice
- Engaging with your case
-
Screening
-
Our overall approach
- Our overall approach - overview
-
The Three Questions we ask when making Screening Decisions
- The Three Questions we ask when making Screening Decisions - overview
- Do we have a written concern about a nurse, midwife or nursing associate on our register?
- Is there evidence of a serious concern that could require us to take regulatory action to protect the public
- Is there clear evidence to show that the nurse, midwife or nursing associate is currently fit to practise?
- Clinical advice
- Referrals to other regulators
- Referrers that wish to remain anonymous
- Whistleblowing
- A decision not to take any further action at this time
- Determining the regulatory concern
- Cases that may involve incorrect or fraudulent entry
-
Our overall approach
- Interim Orders
- Investigations
- Case Examiners
-
Preparing for the FtP Committee
- Reviewing cases after they are referred to the FtPC
-
Drafting charges
- Why do we have guidance on charges?
- Jargon buster
- General approach
- How a charge becomes final
- Practical drafting issues
- Particular features of misconduct charging
- Drafting charges in health cases
- Other fitness to practise charges
- Multiple allegations
- Drafting charges in incorrect or fraudulent entry cases
- Documents panels use when deciding cases
- Gathering further evidence after the investigation
- Disclosure
- Notice of our hearings and meetings
-
Case management
- Hearing fitness to practise allegations together
- Telephone conferences
- Preliminary meetings
- Considering cases at meetings and hearings
- Removal by Agreement
- Cancelling hearings
- Constitution of panels
- Proceeding with hearings when the nurse, midwife or nursing associate is absent
- Case management during hearings
- Hearings in private and in public
- When we postpone or adjourn hearings
- Supporting people to give evidence in hearings
-
FtP Committee decision making
- Impairment
- Consensual panel determination
- Offering no evidence
- Abuse of process
- Directing further investigation during a hearing
- Evidence
- Making decisions on sexual misconduct
- Making decisions on dishonesty charges and the professional duty of candour
- Agreed removal at hearings
- Deciding on incorrect or fraudulent entry
- Sanctions
-
Reviews
- Reviewing case examiner decisions
- Interim order reviews
-
Substantive order reviews
- Substantive order reviews - overview
- Standard reviews of substantive orders before they expire
- Early review
- Exceptional cases: changing orders with immediate effect at a standard review
- Review of striking-off orders
- New allegations
- Reviewing orders when there may have been a breach
- Reviews where an interim order is in place
- Removal from the register when there is a substantive order in place
- Appeals and restoration