NMC Hearings: The New Rules in Practice

The Nursing and Midwifery Council’s new Fitness to Practise rules took effect on 1 October 2026 following the Nursing and Midwifery Council (Fees) (Practice Committee) (Fitness to Practise) (Amendment) Rules Order of Council 2026 (SI 2026/822).

Our earlier NMC Fitness to Practise overhaul guide explained what was changing. This article is the practical hearing-stage companion: what the new rules mean when allegations have progressed and you are preparing for a meeting, case conference or Fitness to Practise hearing.

If you are looking for NMC defence solicitors, the most important point is that proceedings are now more legally led, more actively managed and less forgiving of missed deadlines.

1. Legally Qualified Chairs: what changes at the hearing?

Under the new rules, some NMC Fitness to Practise hearings can be led by a Legally Qualified Chair, or LQC. An LQC is a qualified lawyer, such as a solicitor, barrister or advocate, with the experience required to chair regulatory proceedings.

Previously, a panel would generally have a chair supported by a separate independent Legal Assessor. The Legal Assessor advised the panel on law and procedure but did not chair the hearing. An LQC combines those functions: they chair the panel and provide the necessary legal direction.

The panel will still include professional and lay members. The LQC does not decide the case alone. The panel must still consider the evidence and decide issues such as facts, impairment and sanction in accordance with the applicable rules.

In practice, however, the hearing dynamic changes. The LQC may:

• control the order and pace of proceedings;
• rule on procedural questions;
• explain the legal test the panel must apply;
• deal with admissibility and relevance arguments;
• manage applications, witness arrangements and breaks; and
• give directions about how the case should proceed.

This means legal issues are applied by the person chairing the hearing rather than being raised with a separate lawyer advising from outside the chair’s role. Your representative must therefore be able to engage with the panel on legal and procedural questions in real time.

A nurse or midwife should not assume that an LQC makes the process less formal or less demanding. The stated aim is to make hearings faster, fairer and more consistent. For the registrant, that makes clear preparation and focused legal submissions especially important.

For further background, the NMC has explained the introduction of LQCs in its September 2026 announcement.

2. Stronger case management powers

The new rules give the NMC and its panels stronger tools to manage cases before and during hearings. You may receive clearer directions about:

• exchanging documents and disclosure;
• identifying disputed issues;
• providing witness details;
• serving witness statements;
• obtaining expert or occupational health evidence;
• preparing a hearing bundle; and
• complying with specific dates and procedural steps.

The practical consequence is that an NMC case should be treated more like a structured legal proceeding from an earlier stage. Waiting until the hearing date to organise evidence, contact witnesses or consider remediation may leave you at a serious disadvantage.

A missed deadline does not automatically mean that your evidence will be excluded. However, the panel may need to decide whether late material can fairly be admitted and whether another party has been prejudiced. It may also make an adverse case management decision, refuse an avoidable extension or require you to explain why directions were not followed.

You should create a case timetable as soon as you receive directions. Record every deadline, allow time for your solicitor to review documents and notify your representative immediately if a date cannot be met.

3. Digital information sharing and confidential documents

The new framework allows information to be shared through digital platforms and electronic channels. This can make disclosure quicker, but it also creates responsibilities for registrants.

You should:

1. use the secure platform or account identified by the NMC where one is provided;
2. check that documents have uploaded correctly and are readable;
3. keep a copy of everything submitted;
4. use clear file names and version numbers;
5. avoid sending sensitive documents through insecure personal messaging accounts; and
6. take care when handling patient, colleague or employer information.

NMC evidence may contain confidential clinical records, personal data, safeguarding information or material about other staff and patients. Do not forward a bundle casually or upload it to an unapproved cloud storage service.

Ask your solicitor how documents should be redacted, indexed and shared. A document may be relevant to your defence but still require careful treatment because it contains information about someone who is not involved in the proceedings.

Digital communication also means you should monitor your email, NMC account and spam folder regularly. A missed electronic notification can still create practical difficulties, even if you did not read it promptly.

4. Flexible notice periods: what if you need more time?

The amended rules allow greater flexibility around notice periods for meetings and hearings. Flexibility does not mean that the NMC can disregard fairness or give you an impossible timetable.

Reasonable notice depends on the circumstances. Relevant factors may include:

• the number and seriousness of allegations;
• the volume of evidence;
• whether expert evidence is required;
• the availability of your representative and witnesses;
• your health, disability or other vulnerability;
• whether the hearing is remote or in person; and
• whether new allegations or documents have recently been introduced.

If you receive shorter notice than you need, do not simply fail to attend. Contact the NMC promptly, explain the difficulty and request an adjournment or revised timetable. A request should be specific and supported where appropriate, for example, by explaining when your representative is available, what evidence remains outstanding and how much additional time is reasonably required.

An adjournment is not automatic. The panel will balance your ability to prepare against the public interest in progressing the case. A clear, early and evidenced application is more persuasive than a last-minute assertion that you are not ready.

5. The standardised 28-day response period

The new rules establish a standardised 28-day framework for registrants’ responses and notifications. Your NMC correspondence should state the relevant deadline and what the response must address.

In practical terms, the clock will usually run from the date on which the NMC formally sends you the allegations, investigation material or request for representations. Do not rely only on the date you happen to open the email. Check the letter carefully for:

• the date of the notice;
• the documents to which you must respond;
• the deadline;
• the method of submission; and
• whether a separate timetable or case management direction applies.

The response should normally address each allegation separately. Depending on the case, it may include:

• your factual account;
• corrections to inaccurate evidence;
• relevant context surrounding the incident;
• your position on disputed facts;
• evidence of insight and reflection;
• training or remediation completed;
• health or occupational evidence, where relevant;
• references and evidence of current safe practice; and
• any procedural concerns about the case.

A response is not simply an opportunity to deny everything or provide an emotional explanation. It can shape the way the NMC understands the case, identify the issues that genuinely require a hearing and influence later decisions about impairment and sanction.

There may be different deadlines for different stages. If your letter appears unclear or gives you less time than you need, obtain advice immediately rather than assuming that the deadline can be ignored.

6. What nurses and midwives should do when a hearing notice arrives

When you receive a hearing notice:

Instruct representation early

Contact specialist NMC defence solicitors as soon as possible. Early advice allows your representative to review the allegations, identify evidential gaps, communicate with the NMC and prepare for case management directions.

Prepare your written response

Work through the allegations one by one. Avoid speculation, exaggeration or unnecessary admissions. Your account should be accurate, consistent and supported by documents where possible.

Obtain references

References can help demonstrate your current professional standing, conduct and reliability. They should be specific and informed rather than generic statements that simply describe you as a good employee.

Gather remediation evidence

Collect certificates, reflective accounts, supervision records, training records, appraisals, workplace assessments and evidence of changed practice. Remediation must address the concern identified; simply completing unrelated courses may carry limited weight.

Understand the hearing format

The NMC may hold a hearing remotely, in person or through a combination of arrangements. A remote hearing still requires careful preparation, a private location, reliable technology and secure handling of documents.

Do not disengage

If you do not respond or attend, the NMC may continue without you if the relevant legal conditions are met. The panel will then have less opportunity to hear your evidence, understand your circumstances or consider your mitigation. Non-engagement may also create further concerns about insight or professional responsibility.

The NMC’s official meetings and hearings guidance explains the general distinction between meetings and hearings.

7. The fee rise and further regulatory change

The same instrument also increased the standard annual NMC registration fee from £120 to £143. That financial change is separate from the steps required to defend an individual Fitness to Practise case.

The NMC has also signalled further developments through its latest strategy, including changes to Fitness to Practise and wider regulatory oversight. The procedure may therefore continue to develop after the October 2026 reforms. Check the current NMC rules and guidance when preparing your case.

Frequently asked questions

What is a Legally Qualified Chair?

A Legally Qualified Chair is a qualified lawyer appointed to chair certain NMC Fitness to Practise hearings. The LQC combines the functions of panel chair and Legal Assessor, including managing legal and procedural issues.

How long do I have to respond to NMC allegations?

The new framework provides a standardised 28-day period in relevant parts of the Fitness to Practise process. Your NMC notice should confirm the precise deadline and documents requiring a response. Treat the date in that notice as critical.

Can I ask for more time?

Yes. Contact the NMC as soon as possible, explain why more time is needed and propose a realistic alternative date. An extension or adjournment is discretionary, so provide supporting information where appropriate.

Will my NMC hearing be held remotely?

It may be remote, in person or arranged through a combination of formats. The NMC should tell you the format and joining arrangements. Raise accessibility, privacy or technical concerns early.

Do the new rules affect cases that started before 1 October 2026?

The answer may depend on the stage of the case and the transitional provisions applying to it. Some new procedural provisions may affect ongoing proceedings, while other steps may remain governed by the earlier framework. Your notice and case directions should be checked carefully with a solicitor.

Do I need a solicitor at an NMC hearing?

You can attend without a solicitor, but representation can be particularly valuable where allegations are disputed, evidence is extensive, witnesses will give live evidence or your registration is at risk. A specialist representative can test evidence, make legal submissions and present mitigation.

Related Posts

• NMC Investigations: What Nurses and Midwives Should Do When Referred
• NMC Fitness to Practise Overhaul: What the 1 October 2026 Rule Changes and Fee Rise Mean for Nurses and Midwives

Need advice about an NMC hearing?

A Fitness to Practise hearing can affect your registration, employment and professional reputation. Tyndel Solicitors advises nurses and midwives on investigations, case management, interim orders and hearings across England and Wales.

Contact Tyndel Solicitors’ NMC defence team for confidential advice about your case.