Nurses, midwives and nursing associates will face important changes to the Nursing and Midwifery Council’s (NMC) Fitness to Practise process from 1 October 2026.
The reforms are intended to make investigations and hearings faster, fairer and more compassionate. They include legally qualified chairs, stronger case management powers, more flexible hearing notice periods, a digital evidence portal and formal special measures for witnesses.
At the same time, the NMC’s annual registration fee is increasing after 11 years without a rise. The proposed increase is being described in some briefings as a rise from £120 to £140. However, the NMC’s official announcement currently states that the main fee will rise from £120 to £143, subject to the relevant approval process. Registrants should check the final fee notice issued by the NMC.
These changes will affect how cases are prepared and managed. If you are under investigation, receiving correspondence from the NMC or concerned that a referral may be made, early legal advice is likely to become even more important.
What is changing from 1 October 2026?
The NMC has described the reforms as part of its work to deliver a faster and fairer Fitness to Practise process. The changes are not intended to remove the registrant’s right to a fair hearing. Instead, they are designed to reduce unnecessary delay, improve the management of evidence and provide better support to people involved in proceedings.
The principal changes are as follows:
- Legally qualified chairs for Practice Committee panels
- Stronger and more proactive case management powers
- More flexible timescales for representations and hearing notices
- Digital sharing of case information through an online platform
- Formal special measures to support witnesses who need them
- An increase in the annual registration fee
The practical effect will depend on the individual case, its stage and any transitional arrangements. However, nurses and midwives should expect NMC proceedings to become more structured and actively managed.
Legally qualified chairs: a more legalistic hearing process
One of the most significant changes is the introduction of legally qualified chairs to NMC Practice Committee panels. The implementation is expected to be phased and monitored.
A legally qualified chair is a qualified lawyer who leads the panel and is able to deal directly with legal and procedural issues. This is different from the traditional arrangement where a panel may rely on a separate legal assessor for advice.
For registrants, this may make hearings feel more like formal tribunal proceedings. Legal questions about evidence, procedure, impairment and sanction are likely to receive closer and more direct attention from the chair.
This does not mean that the NMC will automatically take a harsher approach. It does mean that responses and submissions must be carefully prepared. A clear factual explanation remains important, but it should be supported by a properly structured legal argument addressing matters such as:
- What is admitted and what is disputed
- Whether the evidence establishes misconduct, lack of competence or another concern
- Whether any impairment is current
- What remediation has taken place
- Whether restrictions on practice are necessary and proportionate
- What outcome would protect the public while being fair to the registrant
The use of legally qualified chairs may also make early legal advice more valuable. Identifying the real issues at the beginning can help prevent irrelevant evidence, avoid unnecessary applications and narrow the issues for hearing.
Stronger case management powers
The new rules will give the NMC and its panels stronger powers to manage cases proactively.
Case management can involve directions about:
- The timetable for the case
- The evidence to be provided
- Witness statements and witness availability
- Expert evidence
- Legal submissions
- The estimated length of the hearing
- Which allegations or issues need to be determined
The stated aim is to prevent cases drifting for months or years without clear progress. This is important because prolonged Fitness to Practise proceedings can cause significant professional, financial and emotional strain.
For registrants, however, a faster process will require careful organisation. Deadlines are likely to carry greater practical importance. Failing to provide a statement, respond to a direction or identify an issue in time could make it more difficult to rely on that material later.
The rules also recognise that fairness may require a direction to be varied or withdrawn. This is particularly relevant where a registrant needs more time because of:
- The volume or complexity of the evidence
- A health condition or disability
- The need to obtain expert advice
- Difficulties securing witness statements
- A language or communication barrier
- Related criminal, employment or safeguarding proceedings
Any request for more time should be made promptly, with clear reasons and, where possible, a proposed alternative timetable.
Flexible notice periods and response windows
The rules retain a standard 28-day notice period for meetings and hearings in ordinary circumstances. They also introduce greater flexibility around timescales.
Shorter notice may be possible where:
- The registrant consents; or
- A shorter period is justified in the public interest, such as where urgent risk issues need to be addressed.
This flexibility may help the NMC deal with urgent cases more quickly. It should not be treated as permission to disregard procedural fairness.
The rules also provide for a 28-day period for a registrant to make representations after receiving certain information or documents before a Case Examiner decides whether there is a case to answer, issues advice or warnings, or refers the matter to the Investigating Committee. The period may be extended where there is a proper justification.
If you receive a notice giving you less time than expected, do not assume that you must simply accept the deadline or ignore it. Obtain advice immediately. A solicitor may be able to request an extension, explain why the timetable is unrealistic or advise on what evidence should be prioritised.
The online evidence portal
The reforms will allow the NMC to share case information through a digital platform or online account where the registrant agrees.
This should make it easier to access:
- Investigation correspondence
- Evidence bundles
- Hearing notices
- Directions
- Witness information
- Other documents relevant to the case
Digital access may reduce postal delays and make it easier for representatives and clients to work from the same documents. It also creates new responsibilities.
Registrants should check their NMC account regularly, keep contact details up to date and ensure that important documents are downloaded and securely stored. Emails notifying you that something has been uploaded should not be treated as routine administration. A missed online notice could lead to a missed deadline.
Digital service is not necessarily suitable for everyone. If you have limited digital access, health-related difficulties or concerns about managing electronic evidence, raise this at an early stage. The rules allow for flexibility, and agreeing to online communication should not prevent you from asking for reasonable alternatives where needed.
Special measures for witnesses
The reforms introduce a more formal and needs-based approach to supporting witnesses through special measures.
The language is intended to move away from narrow labels and focus instead on what a particular witness needs to give their best evidence. Depending on the circumstances, measures could include:
- Giving evidence by video link
- Using a screen
- Adjusting the hearing timetable
- Taking breaks
- Adapting the method of questioning
- Making other practical arrangements to reduce distress
This is important in cases involving trauma, abuse, discrimination, health conditions, neurodivergence, communication difficulties or significant anxiety.
Special measures are not only relevant to witnesses giving evidence against a registrant. A registrant may also need adjustments to participate effectively in their own hearing. If you require support, tell your legal representative and the NMC as early as possible. Evidence may be needed to explain the adjustment requested.
The objective is not to weaken the testing of evidence. It is to ensure that relevant evidence can be given clearly and fairly, without avoidable distress or disadvantage.
What does the NMC fee increase mean?
The NMC’s annual registration fee has been frozen at £120 for 11 years. The announced increase will apply to fee notices issued on or after 1 October 2026, subject to final approval.
The NMC’s official announcement gives the new main fee as £143, an increase of £23 per year, or approximately £1.92 per month before any available tax relief. Some communications have referred to a £140 figure, so registrants should rely on the amount shown on their final renewal or registration notice.
The NMC says the increase is needed to support its expanding workload, including improvements to Fitness to Practise, digital services, education quality assurance and professional standards.
For nurses and midwives already facing regulatory pressure, even a relatively modest annual increase may add to financial concerns. Legal costs are separate from the NMC registration fee, but early advice can help avoid preventable problems and focus work on the issues that matter most.
How should nurses and midwives prepare?
If you have an open or potential NMC case, consider taking the following steps:
1. Read every notice carefully
Check whether the correspondence relates to screening, an investigation, Case Examiner representations, an interim order or a hearing. The stage of the case determines what response is needed.
2. Record every deadline
Keep a single case timetable, including dates for representations, evidence, witness statements and hearings. Check both post and digital communications.
3. Preserve relevant evidence
Keep clinical records, policies, training records, supervision notes, reflective work and correspondence. Do not alter records or contact witnesses in a way that could be misunderstood.
4. Consider health and support needs
Tell your representative about any condition, disability, neurodivergence, language difficulty or other issue affecting your participation. Special measures and reasonable adjustments should be considered early.
5. Obtain advice before responding substantively
An initial response can influence the direction of an investigation. Avoid giving an incomplete, defensive or speculative explanation before understanding the allegations and evidence.
6. Take case management seriously
If the NMC proposes a timetable or direction that cannot reasonably be met, raise the problem quickly and explain why. Silence may create avoidable difficulties.
How Tyndel Solicitors can help
The 1 October 2026 reforms are intended to make NMC Fitness to Practise proceedings faster and more compassionate. They may also make cases more tightly managed, more digital and more legally focused.
If you are facing an NMC investigation or hearing, you do not have to navigate those changes alone. Tyndel Solicitors provides NMC defence advice and representation for nurses, midwives and nursing associates. Our team can help you understand the allegations, prepare representations, respond to case management directions and present your position effectively.
Read our existing NMC Defence guidance or contact Tyndel Solicitors for advice about your case.
