Registration After Being Struck Off
Tuckers Solicitors provides legal advice on a wide range of regulatory and disciplinary issues raised by professional institutions, trading bodies and industry regulators. We are experts in this area of the law and have represented clients extensively in disciplinary and regulatory proceedings.
We have acted for solicitors, accountants, healthcare professionals and footballers, as well as many other professionals who have faced a complaint and investigation from their regulatory body. We understand that your livelihood is at stake in these proceedings, and so we do our utmost to limit the impact on your career and personal life.
However, in some cases, individuals will ultimately be struck off the relevant register following an investigation. Those cases are difficult and we recognise that.
So what can you do if you have been involved in disciplinary proceedings and been struck off? In many cases, it is possible to apply for readmission following the passage of specified amount of time. At Tuckers, we are here to help you re-enter your profession and can represent you throughout that process.
Here, we look at readmission for nurses and midwives. Regardless of the profession you are seeking to re-register with, our Special Casework Team can help.
The Readmission Process
If you are a nurse or midwife who has been struck off the register, you can apply for readmission to your profession five years after the order to strike you off took effect.
The first stage in the process is to complete a simple form, available from the Nursing and Midwifery Council (NMC). It is appropriate to seek legal advice at this point. The form asks if you have representation, which gives you the opportunity to provide your solicitor’s details, allowing future correspondence to pass through them. The form also asks for details of three referees and asks why you are applying to be readmitted. This is your first opportunity to present your case and you should make the most of it. At Tuckers, we are familiar with presenting a sharp, succinct case on behalf of our clients. We can assist you from the moment you decide to apply for readmission.
The Hearing
Once the relevant paperwork has been completed, you will be sent transcripts from the hearing where the decision was taken to strike you off the register. These transcripts are very important documents; they will be sent to your referees too and will be referred to at any future hearing for readmission.
The panel
When referees return their paperwork, your application for readmission will be considered at a hearing. The application will be considered before the same type of panel that made the decision to strike you off. The panel will either be a Conduct and Competence Committee or a Health Committee – depending on your circumstances.
Health Committees are private, but Conduct and Competence Committees are public and the press may be present. The panel will comprise the registrant and lay people, and Health Committees also includes a registered medical practitioner. A legal assessor will be in attendance to advise on any legal matters that arise. The legal assessor is not a judge; they are only there in an advisory position.
Presenting your case
The panel will hear your application in person (written applications are not accepted). You will be assigned a case officer who is responsible for managing your application and the hearing. It is important to note that the panel cannot overrule the findings against you. Those findings were made by the original panel and are definitive. This is, instead, your opportunity to explain why you ought to be readmitted. It is important that you are thoroughly prepared for this hearing, and our specialist Regulatory Law Solicitors can provide pragmatic advice when preparing a strong application.
A case presenter, who represents the NMC, will summarise the background to your case and question you accordingly. There will be questions from the case presenter and the panel, and you should use the chance to succinctly explain why you ought to be readmitted. You can be asked a range of questions, including:
- How can you be sure you will not commit a similar regulatory breach again?
- Have you been keeping up to date with professional developments?
This will allow you to reflect on not only the original incident itself, but also on why you would now make a positive contribution to the profession. You can have a lawyer help you answer these questions. At Tuckers, we are familiar with formulating sound arguments, which are persuasive and accurately reflect your views. It can be difficult when you are emotionally invested in a process to concisely and convincingly argue your case. That is what we are here for.
Once all evidence has been heard, the panel will consider the evidence in private and come to a decision. The panel will then return to the room and tell you what has been decided. If you are readmitted, you may have conditions placed on your registration. In the case of rejection, you will have to wait at least a year to reapply for registration.
Contact our Regulatory Law Solicitors in Manchester, UK
Tuckers Solicitors has a wealth of experience and expertise in providing legal advice relating to all disciplinary hearings for professionals. We diligently represent our clients to the best of our ability. If you have been struck off and are looking to regain access to your profession, the solicitors at Tuckers are in an excellent position to assist with every stage of the process and get you the best possible outcome. If you want to discuss any of the matters raised here, one of our dedicated professionals will be happy to answer your questions.
We offer a 24-hour, 7 days a week service. Our Special Casework Team, headed up by Jim Meyer, are ready to deliver expert legal advice and assistance. E-mail meyerj@tuckerssolicitors.com, or contract Jim Meyer on 0797 322 6586.