Any member of the public can make a complaint to the Fitness to Practise Committee of An Bord Altranais for an inquiry into the fitness of a nurse to practise nursing on the grounds of (a) alleged professional misconduct or (b) alleged unfitness to engage in such practice by reason of physical or mental disability.
The complaint must be sent in writing to the Office of the Chief Executive Officer stating the nature of the complaint and identifying the nurse(s) involved in the complaint.
Once a complaint has been received, An Bord Altranais will identify the named person to ensure that the nurse/midwife is registered with An Bord Altranais as complaints can only be made against registered nurses/midwives. An Bord Altranais request that confirmation be received from the complainant of the grounds upon which they wish to make the complaint, i.e. either professional misconduct or unfitness to engage in the practice of nursing by reason of physical or mental disability or both. Following this, the letter of complaint is sent to the nurse/midwife for their comments in relation to the complaint.
When all the correspondence is received, the documentation is forwarded to the Fitness to Practise Committee to consider whether or not there is a prima facie case for holding an inquiry.
If the Fitness to Practise Committee decide that there is not a prima facie case for holding an inquiry the nurse/midwife is informed of this decision and the complainant is informed that there will not be an inquiry and the case is now closed.
In cases where the complainant has only made the complaint on one ground (a) or (b) and the Committee have decided that there is a prima facie case to hold an inquiry on both grounds, the Board may become the applicant on the other ground (a) or (b).
If the Committee decide that there is a prima facie case for holding an inquiry the complainant will be informed of this decision as will the nurse/midwife and both parties will be asked to furnish further information in relation to the complaint and the inquiry. The nurse/midwife will be advised that they will be required to attend the Inquiry and that they can be represented at the Inquiry by their union representatives and/or their legal representatives. The complainant will be advised that will be required to assist with the Inquiry Process.
When all the documentation is received and the necessary witnesses have been contacted in relation to their statements, the legal team instructed by An Bord Altranais will prepare the Notice of Inquiry and the Book of Evidence.
The Notice of Inquiry and the Book of Evidence is sent to the Nurse/Midwife and their representatives a minimum of thirty days in advance of the scheduled Inquiry. These documents detail the allegations which are being made against the nurse/midwife, the witnesses who are to be called on behalf of An Bord Altranais and details of the venue and time of the Inquiry.
The Inquiry is held in private and following completion of the Inquiry, the members of the Inquiry Committee make their recommendations and findings known to the Nurse/Midwife and the representation or representatives can attend on their behalf.
The findings of the Fitness to Practise Committee on any matter referred to it and the decision of the Board on any report made to it by the Fitness to Practise Committee shall not be made public without the consent of the person who has been the subject of the Inquiry before the Fitness to Practise Committee unless such person has been found as a result of such inquiry, to be :-
- (a) guilty of professional misconduct, or
- (b) unfit to engage in the practice of nursing because of physical or mental disability.
Following the Board meeting where the findings fo the Inquiry have been endorsed by the Board and the recommendation has been to erase or suspend the Nurse/Midwife or to attach conditions to the Registration of the Nurse/Midwife.
An Bord Altranais must make an application to the High Court to have the decision endorsed. The Nurse/Midwife has twenty days to make an application to the High Court to appeal the decision.
When the decision of the Board has been confirmed by the High Court An Bord Altranais must notify the Minister of Health and Children and the employer in the case of a person whose employer is known to the Board.
If the name of the nurse/midwife has been erased the nurse/midwife may at any time apply to the Board to have their name restored to the Register.