Coordination with internal procedures
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 (Nov 2013)
DeliveryDHSC and NHS England say in progress (Feb 2026)Department of Health and Social Care says in progress (Feb 2015)
Recommendation, verbatim from the inquiry
●Inquiry recommendation
It is essential that, so far as practicable, Nursing and Midwifery Council procedures do not obstruct the progress of internal disciplinary action in providers. In most cases it should be possible, through cooperation, to allow both to proceed in parallel. This may require a review of employment disciplinary procedures, to make it clear that the employer is entitled to proceed even if there are pending Nursing and Midwifery Council proceedings.
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
The Department of Health and Social Care and NHS England reported in February 2026 that the Nursing and Midwifery Council had introduced a Fitness to Practise Strategy in 2018 promoting a local-first approach, under which "employers should act first to deal with concerns" unless immediate regulatory action is needed, supported by detailed employer guidance (DHSC and NHS England, Feb 2026). Previously, the Thirlwall Inquiry legal team noted in May 2024 that the government had accepted the recommendation and that the council had planned to review its guidance on fitness to practise processes (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 · 19 Nov 2013
Accepted.
The Nursing and Midwifery Council have made clear their view that their procedures should not obstruct internal disciplinary action, and that it would not expect the making of an interim order by the Nursing and Midwifery Council to prevent the completion of disciplinary action. The Nursing and Midwifery Council will review the guidance it provides to employers and the public to ensure that this issue is addressed clearly.
Delivery
●DHSC and NHS England say in progress · 27 Feb 2026
The NMC introduced a new Fitness to Practise Strategy in 2018. This is based on 12 key strategic principles which reiterate and promote a local first approach: “employers should act first to deal with concerns about a nurse, midwife or nursing associate’s practice, unless the risk to people receiving care or the public is so serious that we need to take immediate action” (Principle 4). This principle reiterates that the NMC only needs to become involved early on if the registrant poses a risk of harm that an employer cannot effectively manage. The NMC has also published detailed guidance for employers on managing concerns, which explains which concerns should be raised with it and seeks to encourage employers to take steps to manage the referral locally where appropriate. It has a specific section dedicated to managing concerns locally. Its Employer Link Service (ELS) team also support this aim – please see response to recommendation 232. Safety culture is one of the two key foundations of the NHS patient safety strategy. PSIRF is a contractual requirement under the NHS Standard Contract and appropriate concerns about safety should be reported.
By law, all employers must have a grievance policy and share that in writing
For nurses, the RCN provide guidance on the grievance process.
Revalidation and appraisal requirements for nurses are set by the NMC.
●Department of Health and Social Care says in progress · 11 Feb 2015
The Nursing and Midwifery Council maintains the position that any interim order imposed by the Nursing and Midwifery Council should not impact further disciplinary action by the employer with regards to an individual nurse or midwife. The Nursing and Midwifery Council continue to work with employers to ensure they are aware of any action being undertaken by the Nursing and Midwifery Council and that they are aware of their role in the process.
What other bodies have found
●Thirlwall Inquiry legal team · 15 May 2024
This recommendation was accepted by the Government.
In the January 2014 Hard Truths report, the Government said that the Nursing and Midwifery Council’s view was that its fitness to practise procedures did not obstruct the progress of internal disciplinary action by providers, and that in most cases it would expect the provider or employer to complete its own internal investigation before making a referral. The Nursing and Midwifery Council said it would review the guidance it provided to employers and the public on fitness to practise processes.
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.