How Long Does an NMC Investigation Take?

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How Long Does an NMC Investigation Take?

Being informed that you are the subject of a Nursing and Midwifery Council (NMC) investigation is a serious and concerning experience for any nurse, midwife or nursing associate. The process involves several stages and can take time that may create uncertainty about your career and reputation.

While the NMC uses a 15-month end-to-end timeliness metric for fitness to practise cases, the reality is that every fitness to practise investigation is unique. The duration can vary significantly depending on the nature of the allegations and the evidence involved, but there are steps you can take to avoid delays and minimise uncertainty.

How Long Are NMC Investigations Supposed to Take?

The NMC uses a key timeliness metric of fitness to practise cases resolved end-to-end within 15 months. In data published on 24 February 2026, it reported that the rolling average had risen to 74% in January 2026, its highest level since December 2020.

However, this is a performance metric rather than a guaranteed timeframe for an individual case. Simple cases may be resolved faster, but complex matters or cases requiring significant third-party evidence can take substantially longer. The same NMC update reported that average monthly referrals had risen to 590, so high demand remains a relevant factor.

What Are the Stages of an NMC Investigation Process?

The process is broken into distinct stages. Each stage has its own procedure and potential for delay, but the NMC guidance does not give a fixed duration for every stage.

Initial referral and screening

When a concern is raised about a nurse, midwife or nursing associate, it is first assessed by the NMC’s screening team. The purpose of this screening stage is to decide if the concern is serious enough to warrant a formal investigation into the professional's fitness to practise. The screening team conducts an initial risk assessment to determine if regulatory action is needed.

This stage involves preliminary consideration of whether the concern should proceed. NMC guidance emphasises that not every concern requires regulatory action and that many matters may be more appropriately managed by employers. If the screening team decides further investigation is required, the case is moved to the investigation team. The NMC guidance does not state a fixed two-to-three-month screening timeframe.

Full investigation

Once a case is passed to the investigation team, a more detailed process to gather evidence begins. The investigation team will collate a wide range of information, which can include:

  • Patient and medical records
  • Witness statements from colleagues, patients and employers
  • Reports from other health organisations
  • A written response from the nurse, midwife or nursing associate in question

The investigation stage is often the longest part of the process. NMC guidance says evidence gathering can take a while and that its teams will keep those involved updated on progress, but it does not state a fixed six-to-nine-month period or a specific four-month update interval. Delays may occur if records, witness evidence or third-party responses are slow to obtain.

The case examiners' decision

After the investigation is complete, the collected evidence is passed to two case examiners - one lay person and one registered nurse, midwife, or nursing associate. Their role is to review all the information and decide if there is a 'case to answer'. The NMC test is whether there is a realistic possibility that the Fitness to Practise Committee would decide that the incidents or issues occurred and that the professional's fitness to practise is currently impaired.

The case examiners decide on one of several outcomes:

  • No case to answer: The case is closed with no further action.
  • Advice: The case examiners can give private advice where the case is closed because there is no case to answer.
  • Warning: A notice is issued that remains on the professional's record for one year.
  • Undertakings: Case examiners can recommend undertakings for the NMC to agree with the nurse, midwife or nursing associate where these would address the problems raised in their practice.
  • Referral to the Fitness to Practise Committee: If there is a realistic possibility that the facts would be found proved and current impairment would be found, the case may be referred to the Committee.

The NMC guidance does not specify a fixed one-to-two-month period for this review stage, so it is safer to describe timing as variable and dependent on the evidence and any further enquiries required.

Fitness to Practise Committee hearing

If case examiners decide there is a case to answer, the matter is referred to the Fitness to Practise Committee. Preparing for a full hearing is a significant undertaking and timing can vary depending on complexity, listing availability and whether evidence or witness issues remain. The Committee, not the case examiners, decides whether facts are proved, whether fitness to practise is impaired and what outcome or sanction is necessary.

Interim orders hearings: a parallel process

At any point during NMC proceedings, if there is a serious concern about immediate risk to the public, public confidence or the wider public interest, the case can be referred for an interim orders hearing. An Interim Orders Tribunal has the power to place temporary restrictions on your practice, such as an interim conditions of practice order or an interim suspension order.

These interim orders are not a finding of guilt but are used to protect the public while the full investigation is ongoing. They are reviewed every six months. Having expert legal advice at an interim orders hearing is critical to argue against unnecessary restrictions on your ability to work.

You can learn more about the overall process by reading our dedicated guide to the NMC investigation process.

Key Factors that Affect NMC Investigation Timelines

Several variables can influence how long an NMC investigation takes:

  • The complexity of the case: An allegation of misconduct based on a single incident will likely be quicker to investigate than a case concerning a lack of competence, which may require reviewing months of clinical records and commissioning independent expert reports.
  • Evidence gathering: Delays often occur when the investigation team struggles to obtain evidence. This can be due to difficulties locating witnesses, uncooperative employers, or delays in receiving medical records from other health organisations.
  • Parallel proceedings: If the police, a coroner or another body is also investigating the same incident, the NMC may need to sequence, pause or adjust its own investigation to avoid prejudicing those processes. This can add significant delay, depending on the nature and duration of the parallel proceedings.
  • NMC caseload: The NMC's fitness to practise department manages a very high caseload. Backlogs at any stage, from screening to scheduling a hearing, can lead to delays.
  • Level of engagement: How a nurse, midwife or nursing associate engages with the process can also impact the timeline. Providing a clear, detailed, and timely response with supporting evidence can streamline the investigation.

How to Ensure the Investigation Process Moves Smoothly

While you cannot control every aspect of an NMC investigation, there are proactive steps you can take to help the process move as smoothly as possible and protect your professional interests.

  • Seek specialist legal advice immediately: The moment you are notified of a referral to the NMC, you should seek expert legal advice. An experienced healthcare regulatory lawyer can help you formulate your response, navigate the process, and ensure your rights are protected from the outset.
  • Cooperate and remain professional: You have a professional duty to cooperate with the investigation. Remaining compliant and courteous in all communications with the NMC is essential, even if the allegations feel unjust.
  • Respond promptly: Adhere to all deadlines set by the NMC. A failure to respond promptly can create delays and may make it harder to demonstrate constructive engagement with the process.
  • Document everything: Keep a detailed record of every conversation, email, and letter related to the investigation. Meticulous documentation is vital for building your response and providing clear evidence.
  • Demonstrate insight and remediation: One of the most important factors the NMC considers is insight. Use the experience as an opportunity to reflect on your practice. Demonstrating that you have learned from the incident and have taken steps to remedy any shortfalls can have a very positive influence on the outcome.

How JMW Can Help

Facing an NMC fitness to practise investigation can have far-reaching consequences for your career. The process is governed by specific rules and procedures, and expert legal guidance is essential to delivering the best possible outcome in your circumstances.

At JMW, our healthcare regulatory solicitors provide expert legal advice to nurses, midwives and nursing associates at every stage of NMC investigations. We help you understand the allegations, draft robust written representations to the case examiners, and provide formidable advocacy at interim orders and final Fitness to Practise Committee hearings. Our goal is to protect your registration and allow you to continue in the profession.

If you have been referred to the NMC or are facing a fitness to practise concern, contact our team of professional defence solicitors for nurses, midwives and nursing associates. We are here to provide the specialist legal advice you need to protect your career. Call us on 0345 872 6666, or complete our online contact form to request a call back.

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