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Decision-page

Decision maker tool

Answer the following questions to help us determine your status

Are you registered with the Nursing and Midwifery Council (NMC)?

Please register with the NMC

This tool has been developed for NMC registrants only (i.e. registered nurses, midwives and nursing associates). If you're registered with another regulatory body, you'll need to check self-referral requirements with that body. Health and Care Professions Council (HCPC)

Do you need advice?

If you have received a police caution, been charged with a criminal offence, received a conditional discharge, or been convicted of a criminal offence, then you will have a professional duty to self-refer to the NMC (i.e. notify the NMC that this has happened). This duty is outlined in the NMC code, section 23.2. You have a personal responsibiity to do this - no one can do this on your behalf and the NMC have an online form to help you do this quickly.

The only time you wouldn't need to disclose a caution, or conviction is when it is 'protected', generally due to the amount of time that has passed since it happened.If you have received a police caution, been charged with a criminal offence, received a conditional discharge, or been convicted of a criminal offence, then you will have a professional duty to self-refer to the NMC (i.e. notify the NMC that this has happened). This duty is outlined in the NMC code, section 23.2. You have a personal responsibiity to do this - no one can do this on your behalf and the NMC have an online form to help you do this quickly. The only time you wouldn't need to disclose a caution, or conviction is when it is 'protected', generally due to the amount of time that has passed since it happened.

Please refer to NMC guidance

The NMC have produced detailed guidance for registrants on when to self-refer.The NMC is clear that you don't have to notify them every time something goes wrong in your personal life, for example.

If you aren't obligated to notify the NMC of what has happened (see section 23 of the NMC code) then the NMC's guidance will help you decide what to do next.

Don't forget that even if you don't inform the NMC of what has happened (because you're not under an obligation to do so), you may still need to tell your employer. Contact us for advice if you're not sure if you need to tell your employer.

Have you been been disciplined by another regulatory or licensing organisation?

You need to self-refer

If you have been disciplined by any regulatory or licensing organisation, including those who operate outside of the professional health and care environment, you'll have a duty to self-refer to the NMC. This duty is outlined in the NMC code, section 23.4. You have a personal responsibiity to do this - no one can do this on your behalf and the NMC have an online form to help you do this quickl. Once you submit the NMC's self-referral form, you will receive an automatic receipt via email. Keep this email safe for future reference.

Once you have had contact from the NMC about your self-referral (other than the automatic receipt), please contact us and we'll put you in touch with the RCN's Legal team for support. Please do not have any further contact with the NMC about the issue until you have heard back from the RCN Legal team. Don't forget that you will also need to inform your employer about what has happened - this is required again under the NMC code section 23.4 and is also likely to be a requirement under your contract of employment. Contact us for support if you employer is looking to investigate or discipline you over what has happened.

Please refer to NMC guidance

The NMC have produced detailed guidance for registrants on when to self-refer.The NMC is clear that you don't have to notify them every time something goes wrong in your personal life, for example.

If you aren't obligated to notify the NMC of what has happened (see section 23 of the NMC code) then the NMC's guidance will help you decide what to do next.

Don't forget that even if you don't inform the NMC of what has happened (because you're not under an obligation to do so), you may still need to tell your employer. Contact us for advice if you're not sure if you need to tell your employer.

Have you received any of the following:

  • a police caution
  • a criminal charge
  • conditional discharge
  • a criminal conviction

How is your health condition being managed?

Self referral information

You can read the NMC's guidance on when to self refer for further information

What type of caution?

If you have received a police caution, been charged with a criminal offence, received a conditional discharge, or been convicted of a criminal offence, then you will have a professional duty to self-refer to the NMC (i.e. notify the NMC that this has happened). This duty is outlined in the NMC code, section 23.2. You have a personal responsibiity to do this - no one can do this on your behalf and the NMC have an online form to help you do this quickly. The only time you wouldn't need to disclose a caution, or conviction is when it is 'protected', generally due to the amount of time that has passed since it happened.

You won't need to disclose protected cautions or convictions to the NMC.

Protected convictions or cautions won’t show up on a criminal record check from either the Disclosure and Barring Service, Disclosure Scotland, or Access NI. Check your paperwork carefully as it should be clear whether the caution or conviction you have received is protected. If you're not sure, you can check this with the DBS, DS or AccessNI:

Disclosure and Barring Service (for England and Wales)

Disclosure Scotland

AccessNI

Have you received:

  • A fine or penalty related to public transport (for example, for failing to pay a fare)
  • A judgment against you in a civil (not criminal) court, like a County Court Judgement or an award for damages
  • a penalty for a parking offences or other Penalty Charge Notice, or a fixed Penalty Notice for a motoring offence?

You won't need to self-refer to the NMC if you've received this type of penalty.

You should check your contract of employment as you may need to tell your employer about what has happened. Contact us for advice if you're not sure if you need to tell your employer.

Are you an employee?

Further help

Once you submit the NMC's self-referral form, you will receive an automatic receipt via email. Keep this email safe for future reference. Once you receive correspondence from the NMC (other than the automatic receipt) , please contact us and we'll put you in touch with the RCN's Legal team for support. Please do not have any further contact with the NMC about the issue until you have heard back from the RCN Legal team. Don't forget that you will also need to inform your employer about what has happened - this is required again under the NMC code section 23.2 and is also likely to be a requirement under your contract of employment. Contact us for support if you employer is looking to investigate or discipline you over what has happened.

Read more about self referral

You can read more about self-referral on the NMC website

Help with the MNC referral form

Most of the NMC self-referral form <https://www.nmc.org.uk/concerns-nurses-midwives/make-a-referral/referral-forms/self-referral/> is self-explanatory but please note the following:

  1. For the section which asks for details of your self-referral, select the option that refers to you being cautioned or charged with a criminal offence, or having received a conditional discharge in relation to a criminal offence, or having been found guilty of a criminal offence.
  2. You will be asked to select the option that fits your circumstances.  You should select caution for a criminal offence/charged with a criminal offence/received a conditional discharge in relation to a criminal offence/found guilty of a criminal offence.
  3. There is an option to indicate whether or not you have informed your employer.  If you have not yet told your employer, we recommend you notify your employer before completing the NMC form and then select the ‘yes’ option.
  4. In the ‘further information’ section, include:
    • the date and time of the offence and where it happened
    • the investigating police force, the name of the officer in charge of your case and their phone number (if you know them).  If you do not have the officer’s details, include the name of the police station at which they were based
    • the criminal offence for which you received the summons/charge/caution/conviction/conditional discharge  and the date on which you received it
    • whether you are on bail, and any conditions of bail (if applicable)
    • the date of the next hearing and the name of the court (if applicable)
    • your sentence and the date it was imposed (if applicable). There is no need to provide any additional paperwork to the NMC at this stage. The NMC (or a legal firm acting on behalf of the NMC) will obtain evidence regarding your caution/convition/conditional discharge and carry out an investigation. Once the investigation has been completed, the NMC will contact you. Please contact us for a referral to the RCN Legal team once the NMC have made contact.

What is the question?

The NMC will consider this type of issue on a case-by-case basis

The NMC may want to investigate further (and take action) if what happened is closely linked to your professional practice as a nurse, midwife or nursing associate. You should self-refer to the NMC unless the disqualification is as a result of a build up of 12 or more penalty points within a 3 year period (6 points in 2 years for new drivers)

Once you submit the NMC's self-referral form, you will receive an automatic receipt via email. Keep this email safe for future reference. Once you receive correspondence from the NMC (other than the automated receipt), please contact us and we'll put you in touch with the RCN's Legal team for support. Please do not have any further contact with the NMC about the issue until you have heard back from the RCN Legal team.

Don't forget that you will also need to inform your employer about what has happened - this is required again under the NMC code section 23.2 and is also likely to be a requirement under your contract of employment. Contact us for support if you employer is looking to investigate or discipline you over what has happened.

Please refer to NMC guidance

The NMC have produced detailed guidance for registrants on when to self-refer.The NMC is clear that you don't have to notify them every time something goes wrong in your personal life, for example.

If you aren't obligated to notify the NMC of what has happened (see section 23 of the NMC code) then the NMC's guidance will help you decide what to do next.

Don't forget that even if you don't inform the NMC of what has happened (because you're not under an obligation to do so), you may still need to tell your employer. Contact us for advice if you're not sure if you need to tell your employer.

Is your employer actively investigating concerns about your health/performance?

In the majority of cases you won't need to self-refer to the NMC if you are being investigated locally for a complaint or concern related to your health.

However, your employer may still make a referral to the NMC as part of their own investigation process. If this happens, or if there are serious concerns about your fitness to practise as a result of your health, please contact us for support. 

If a change to your health means you are unable to carry out your professional role, then you will need to self-refer yourself to the NMC (i.e. notify the NMC that this has happened).

Your obligations are outlined in the NMC code <link>, section 20.9 which states you must 'maintain the level of health you need to carry out your role'. You have a personal responsibiity to make the self-referral - no one can do this on your behalf and the NMC have an online form to help you do this quickly <link>. 

Once you submit the NMC's self-referral form <link>, you will receive an automatic receipt via email. Keep this email safe for future reference. Once you have had contact from the NMC about your self-referral (other than the automatic receipt), please contact us <link> and we'll put you in touch with the RCN's Legal team for support. Please do not have any further contact with the NMC about the issue until you have heard back from the RCN Legal team. We would strongly advise you to tell your employer about your referral to the NMC. You are obliged to do so if the NMC imposes a restriction on your practice, following an interim orders hearing, and it is also likely to be a requirement under your contract of employment. Contact us <link> for support if you employer is looking to investigate or discipline you over what has happened.

Most of the NMC self-referral form is self-explanatory but please note the following:

  1. For the section which asks for details of your self-referral, select the option that refers to your health.
  2. There is an option to indicate whether or not you have informed your employer.  If you have not yet told your employer, we recommend you notify your employer before completing the NMC form and then select the ‘yes’ option.
  3. In the ‘further information’ section, include details of your health condition.
    Once you receive correspondence from the NMC (not the automated acknowledgement), please contact us <link> for a referral to the RCN Legal team.

Read more about self referral

You can read more about self-referral on the NMC website

Please refer to NMC guidance

The NMC have produced detailed guidance for registrants on when to self-refer.The NMC is clear that you don't have to notify them every time something goes wrong in your personal life, for example.

If you aren't obligated to notify the NMC of what has happened (see section 23 of the NMC code) then the NMC's guidance will help you decide what to do next.

Don't forget that even if you don't inform the NMC of what has happened (because you're not under an obligation to do so), you may still need to tell your employer. Contact us for advice if you're not sure if you need to tell your employer.

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