When is a Police Caution not ‘just’ a Caution?

When you’re a regulated healthcare professional.

A Police Caution is a warning for a minor crime that you have to admit and agree to.

Accepting a Caution might be the right option following legal advice.  However, if you’re a regulated healthcare professional, accepting a Caution can have far greater consequences than what can be perceived as a ‘slap on the wrist’.   

This article focuses specifically on nurses, midwives and nursing associates but other healthcare professionals should consult their own regulatory obligations and Codes of Conduct.

There are various scenarios when a nurse, midwife or nursing associate must inform their regulator, the Nursing & Midwifery Council (NMC) about receiving cautions and convictions. 

Most people might expect to inform the NMC when applying to join the register, or renewing their registration, but fewer are aware of the requirement to make a ‘timely’ self-referral if they are convicted, charged or receive a Caution whilst on the register.

The requirement to do so is set out at point 23.2 of the NMC Code of Conduct:

’tell both us and any employers as soon as you can about any caution or charge against you, or if you have received a conditional discharge in relation to, or have been found guilty of, a criminal offence (other than a protected caution or conviction)’

Being charged, convicted or cautioned doesn’t necessarily impact on an entry in the register (unless the registrant has been convicted of a serious crime or given a custodial sentence) but it could affect an individual’s fitness to practise if the NMC has not been made aware in a timely manner. 

An example of the requirement to self-refer, which could result in early closure of a case, could be receipt of a first conviction for driving whilst under the influence of alcohol. A registrant should self-refer to the NMC as soon as possible, setting out the relevant details.  This will be processed by the screening time who may be in a position to close the case at an early stage.  The team will want to be satisfied that there is no underlying health concern (a GP report may be required), that the registrant has informed their employer, evidenced remorse and insight, and that the actions are unlikely to be repeated. 

Failure to disclose any of the above may result in the NMC opening a Fraudulent/Incorrect Entry (FIE) investigation.  This will quite often arise when a registrant comes to revalidate and makes disclosures that have previously been missed or not disclosed in a timely manner.  FIE investigations are separate to Fitness to Practise (FTP) investigations and can result in removal from the register, and requiring an application to re-join.  During this period, which can take some time, a registrant does not have an active registration and is therefore prohibited from practising. 

It’s important to act in a timely manner and be transparent with the NMC if you find yourself in receipt of a caution, conviction or criminal charge.   

With 14 years’ experience representing nurses subject to FTP/FIE proceedings, and having previously worked for a nursing union, Emma Davies is highly experienced in this niche area of law.  If you’re a registrant in need of assistance on matters relating to this article, or any other aspect of the FTP process, we highly recommend you take specialist legal advice.  Please do not hesitate to contact Emma directly [email protected] or 01392 848950.