Demonstrating Insight in NMC Cases
‘Insight’ is a key consideration for NMC panels. For a nurse to demonstrate to the Nursing and Midwifery Council (NMC) that they have insight they will need to explain the steps they have taken to overcome any weaknesses in their practice or in their professional approach. A nurse might have no insight, little insight, emerging insight, or full insight. Depending where a nurse’s insight is, on that continuum, will affect how the case is viewed by an NMC panel and the outcome of the case.
Demonstrating insight is not an easy task. A written reflection is seldom enough and it will usually need to be accompanied by other evidence that supports the nurse’s comments. A nurse needs to step back and take an objective look at their past failings, so as to identify why things went wrong and how they might reduce the risk of repetition.
The types of evidence that will be required in support of a nurse will be dependent on the details contained within the NMC allegations and the bundle of evidence relied upon by the NMC. The more serious the allegation the more detailed the written reflection and supporting evidence will need to be. The Nurses Defence Service will advise nurses on the nature and scope of the supportive evidence to be obtained, in given cases, in order to advance the nurse’s case. A good outcome at the NMC depends on the level of engagement the nurse has shown in seeking to remedy any deficiencies in their nursing practice or in their attitude to their responsibilities.
The following diagram may assist nurses to undertake the exercise of sitting down to analyse what went wrong, and how they can evidence learning and remediation. Look at each allegation separately, and work through the following flowchart of considerations. This flowchart has been created by one of the Nurses Defence Service’s senior lawyers, who has represented many practitioners over the years, and who advises on the steps a nurse might take to improve their prospects of success at the NMC.. Those nurses who are able to work through the concepts set out in the flowchart, and who also take steps to improve their insight and practice more generally, will often fair better, within NMC proceedings, than those who do not.
The above diagram is also available in PDF format: Reflective Writing in NMC Case Diagram for printing in A4.
Working through the flowchart, the nurse must ask: why did the incident or misconduct occur? Was it because of carelessness, a good faith response (act or omission) but based on outdated nursing practice, was it criminal activity, shoddiness, not being competent, failing to adhere to protocol, failing to keep oneself in check? There may be many reasons why a nurse falls into difficulties. On occasions it may be down to personality. Is it, by way of example, because the nurse has a deep-seated attitudinal problem? Are they or were they unwell?
The reasons for the poor practice or misconduct need to be identified, clearly, by the nurse. A nurse educator may also be able to assist. This approach, in turn, allows the nurse to analyse in greater detail how they might improve their skills and knowledge in the future, in order to prevent repetition. It also enables the nurse to identify (and take) the steps that will help them to overcome their shortcomings and weaknesses in their practice and their personal conduct. This is called remediation.
So, by way of example, a nurse who has not kept up to date with pressure area skin care, and who has caused harm to an unconscious patient by not implementing the minimum safeguards that were necessary, should go on a number of courses on skin care and pressure sore prevention, and be assessed in their workplace in order demonstrate that they can practically apply their skills and knowledge to the workplace. Evidence that the nurse has improved their practice and performance might also be obtained from collagues and other clinicians.
The other concepts within the flowchart also need some consideration. If the misdemeanors or weak practices occurred over a long period of time, there is a greater risk of harm having been caused to others. The nurse must fully recognise the impact of their failings, so as to remedy them.
A nurse might write a reflective piece for stage 1, stage 2 or stage 3 of the NMC investigatory process. The reflective piece should take into account and comment on a nurse’s responsibilities pursuant to the Nursing and Midwifery Code of Conduct, the professionalism of a nurse generally or specifically (according to the nature of the NMC allegations or NMC Charges) , as well as evidencing the steps of remediation that the nurse has undertaken as a consequence of any historic failings.
‘Insight’ is not just about saying sorry. It is much more than that, and many nurses fail to properly understand the need to fully analyse what has gone wrong, in order to identify the necessary steps the nurse needs to take to remedy the problem area of practice or of poor attitude.
A nurse who is writing a reflective piece should also take into account the NMC’s Indicative Sanctions Guidance, in order to fully understand the public policy principles that underpin the NMC fitness to practise process and to identify the elements of learning that may need to be evidenced.
The nature of the allegations (or failings) may require a change of attitude or approach on the part of the nurse. They may need to change their style of practice, or the way they engage with colleagues or care for patients. The reflective piece might also need to cite academic literature, so as to evidence that the nurse has appropriately researched learning objectives and undertaken sufficient analysis of the history of events, so as to come up with a remediation plan.
A nurse must avoid plagiarism when writing a reflective piece. It must be their own work.
On occasions full insight might only be gained through intensive additional training or a long period of supervised practice. The nurse will need to arrange this in good time, so as to evidence engagement in the process. This can prove to be difficult to arrange in many instances. On occasion, a nurse will need documents that are not in their possession. A prompt request should be made to the NMC for the NMC’s staff to obtain them, if the NMC is willing, if the nurse cannot obtain the documents through their own efforts. A reflective statement will often be bolstered if backed up by properly considered, independent evidence.
Nurses Defence Service offers guidance, support, legal advice and representation to NMC registered nurses. Nurses Defence Service also gives bespoke guidance to nurses who need to write a reflective pieces for the NMC and on remediation packages that may help a nurse return to unrestricted practice. For more information call Nurses Defence Service without obligation on: 0800 0122 506