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If you are facing an investigation into your fitness to practise from the Nursing and Midwifery Council (NMC), I can help you. I have many years of experience in successfully building a strong defence and representing clients in NMC investigations and proceedings. I fully understand how stressful this time may be for you. An investigation can be a complex and invasive process which requires high-quality legal advice from the outset, through to the final tribunal decision being made. I am a barrister with extensive experience in professional representation, and I can guide you through this process and answer your questions at every stage. I am here to help you.

Professional tribunals and their related issues are often complicated; as a result, it is essential to get quality legal advice as soon as possible. If you have a professional tribunal matter to discuss or need support, advice and even representation, I am able and willing to help you today. Contact me by calling +44 020 8108 7186 or complete my online enquiry form, and I will get back to you without delay.

Nursing and Midwifery Council (NMC) Legal Advice and Representation

An investigation may be brought against you on several grounds, such as clinical misconduct, lack of knowledge or skills, and often concerning criminal activity. Such allegations and investigations can have severe consequences for those involved, including a negative effect on a nurse’s reputation or even ending their career.

It is important to note that nurses and midwives who act professionally throughout investigations and fitness to practise proceedings are more likely to obtain a successful outcome. As well as providing legal representation, I can provide practical and strategic advice to assist you. As soon as you become aware that you are facing a fitness to practise investigation or NMC proceedings, you should seek proper legal advice. My approach to casework means building a comprehensive defence strategy for you from the outset, and the sooner you get in contact with me, the more opportunity we have to secure a positive outcome. Where your case involves criminal allegations, I am uniquely placed to assist you. I have successfully represented healthcare professionals in cases that involve both professional regulation and criminal law and understand the complexities and strategy required for such cases.

What happens during an NMC Fitness to Practise investigation?

Notice of Referral to NMC and Interim Hearings

Usually, you will receive written notice from the NMC telling you that you are the subject of a fitness to practise investigation. You are required to provide a written response to the notice within 28 days. You should seek legal advice and assistance before responding to such a notice, as a poor or delayed response could negatively affect the outcome of your case, or even result in a charge for failure to comply with the process. You may also be notified that you are subject to an interim hearing. An interim hearing is used where the NMC's investigating committee identifies a potential risk to the public, a particular patient or to the practitioner themselves. If an interim order is made against you following an interim hearing, restrictions may be imposed on your ability to work, or you may be suspended from the register while your case is ongoing.

I am highly experienced in drafting high-quality responses to investigation notices from the NMC, with efficiency. I take a proactive approach to all client casework, examining the facts of your case carefully and thoroughly advising on the most effective way to protect your interests in your response.

A well-prepared representation at this stage can lead the regulator to decide there is no case to answer, and your case may even be closed at this stage. I can represent clients at interim hearings and attempt to reduce the restrictions placed on nurses and midwives by interim orders.

NMC Fitness to Practise Hearings

If after receiving the response, the NMC decides to continue with the case, it will be referred to the appropriate committee to conduct an official hearing. There are several stages during an NMC hearing:

  • Facts and evidence;
  • Misconduct;
  • Impairment of fitness to practise; and
  • Sanctions.

My approach and representation during the hearing can play a vital role in how the case progresses. I help nurses and midwives build a strong defence using quality evidence, oral and written witness statements, mitigating factors and character references.

When you are accused of falling below the professional standards expected of nurses and midwives, this can be very distressing. I will help you to fully understand the process and reduce the impact and stress you experience at this challenging time.

No matter what stage your case is at, I am ready to protect your reputation, your career and even your liberty. Get in touch today.

Contact Mark Kelly Nursing and Midwifery Council (NMC) - Defence Barrister for Nurses and Midwives

The NMC disciplinary system is complex and can have severe consequences for those subject to fitness to practise proceedings.

When your livelihood and professional reputation is at stake, it is crucial to have access to strategic advice from the outset. Due to my significant experience in the area of professional tribunal cases, together with the often accompanying criminal elements to these matters, I am in a strong position to provide top-level representation and first-class advice to you if you are facing potential disciplinary action or a professional tribunal. Get in touch with me directly today,  as there is no time to delay. You can call me on +44 020 8108 7186 or complete my online enquiry form, and I will get back to you without delay.

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Why Choose Mark Kelly?

  • Highly Successful Defence Barrister
  • Defend Your Hard Earned Reputation
  • Protect Your Good Character, Your Family and Your Profession
  • Strategic, Tactical & Collaborative Approach
  • Successful Outcomes
  • Robust Defence
  • Professional Representation
  • Maximise Opportunity
"A good, analytical lawyer. He worked incredibly hard and devised legal submissions which won the case."

Chambers & Partners 2017 - Rated as Band 2