Nursing and Midwifery Council Investigation of systemic concerns
Mid Staffs Inquiry · Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry · Issued 6 February 2013 · Addressed to: NMC
Government responseDepartment of Health and Social Care: Accepted in part (Nov 2013)
DeliveryDHSC and NHS England say partially delivered (Feb 2026)Department of Health and Social Care says in progress (Feb 2015)
Recommendation, verbatim from the inquiry
●Inquiry recommendation
The Nursing and Midwifery Council needs to have its own internal capacity to assess systems and launch its own proactive investigations where it becomes aware of concerns which may give rise to nursing fitness to practise issues. It may decide to seek the cooperation of the Care Quality Commission, but as an independent regulator it must be empowered to act on its own if it considers it necessary in the public interest. This will require resources in terms of appropriately expert staff, data systems and finance. Given the power of the registrar to refer cases without a formal third party complaint, it would not appear that a change of regulation is necessary, but this should be reviewed.
Mid Staffs Inquiry, Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry · 6 Feb 2013 Source PDF →
Published evidence summary
AI-generated evidence summary
In commentary submitted in September 2024 and published in February 2026, the Department of Health and Social Care and NHS England reported that the recommendation was partially implemented, noting that while the Nursing and Midwifery Council did not support directly investigating systems issues, it introduced a Regulatory Intelligence Unit in 2020 and an internal pre-case enquiries policy in January 2024 (DHSC and NHS England, Feb 2026). The Thirlwall Inquiry legal team observed in May 2024 that the council did not support being tasked directly with investigating systems issues, pointing to the distinct roles of professional and systems regulators (The Thirlwall Inquiry legal team, May 2024).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026.
Report-level response context
Government response
●Department of Health and Social Care · Accepted in part · 19 Nov 2013
Accepted in principle.
The Nursing and Midwifery Council are taking a different approach to achieving this recommendation. The Nursing and Midwifery Council is committed to working closely with the Care Quality Commission and with other regulators to ensure that the most serious matters are appropriately addressed in a systematic manner.
Delivery
●DHSC and NHS England say partially delivered · 27 Feb 2026
Whilst the NMC did not support this recommendation, it introduced a range of new measures and processes aimed at enhancing its ability to identify, manage and respond to wider systems issues in collaboration with partners. This includes the introduction of a Regulatory Intelligence Unit in 2020 and strengthened working relationships and formal agreements with key stakeholders such as the Care Quality Commission, Healthcare Improvement Scotland, Healthcare Inspectorate Wales, and agreed further memoranda of understanding such as the framework for sharing intelligence with health and care regulators in Scotland and Northern Ireland
Pursuant to Article 22(6) of the Nursing and Midwifery Order 2001 and Rule 2A of The Nursing and Midwifery Council (Fitness to Practise) Rules 2004 (as amended by the Nursing Midwifery Council (Fitness to Practise) (Education, Registrations and Registrations Appeals) (Amendment) Rules order of Council 2015 , if the NMC come into possession of information or intelligence outside of its usual referral process that could indicate a concern, it can make further enquiries to understand whether it’s something that requires action, including whether it should be referred to the screening team to open a case. This could include information that might indicate a potential fitness to practise or education concern. It could also include information that might indicate a potential concern about the wider system. In January 2024 the NMC introduced a new internal Pre-case enquiries and referrals policy which confirms its ability to make enquiries and referrals outside of a formal complaint. It sets out the process to take, including when to share intelligence externally for action, helping ensure concerns are effectively responded to and acted upon across the system.
●Department of Health and Social Care says in progress · 11 Feb 2015
See response to 226. The Nursing and Midwifery Council uses its powers to open cases if there is public interest in doing so. Where it has a statutory role in systems – through education and midwifery supervision – the Nursing and Midwifery Council takes joint action with the Care Quality Commission when that is the most effective way of protecting the public.
What other bodies have found
●Thirlwall Inquiry legal team · 15 May 2024
This recommendation was accepted in principle by the Government.
In its July 2013 response, the Nursing and Midwifery Council did not support the recommendation that it should be tasked directly with investigating systems issues, pointing to the distinct roles and responsibilities of professional and systems regulators. The Nursing and Midwifery Council considered that working closer together with the Care Quality Commission and other systems regulators on patient safety issues would provide a better solution.
In the February 2015 Culture Change report, the Government said that the Nursing and Midwifery Council used its powers to open cases if there was a public interest in doing so.
How this page is built
The recommendation and the government responses are verbatim from primary documents. Delivery statements and other bodies' findings are shown in their own words, each with its source. The summary is written by this site and labelled as such. The Index does not paraphrase sources or characterise intent; it records what has been published.