The work of NMBI’s Preliminary Proceedings Committee (PPC) is one of the most important cogs in the organisation’s work, says its chairman Denis Murphy.

Denis has been a lay member of the NMBI Board for the past eight years and is into his second term as chair of the PPC. He is the Chief Administration Officer with the Association for Dental Education in Europe (ADEE) and an associate lecturer with the RCSI’s Institute of Leadership.

Denis is keen for registrants to know how the PPC works and how decisions are reached alongside the other 10 members of the Committee. Fellow Board members include Mary Gorman (midwife), Áine Lynch (nurse) and two non-nurse/non-midwife members Anne Horgan and Cyril Sullivan.

Non-Board members are Timothy Frawley (nurse), Deirdre Naughton (midwife), and non-nurse/non-midwife representatives Geraldine Feeney, Ann Sheehan, James Doorley and Brendan O’Dea.

The PPC meets 11 times per year (every month except August) to go through complaints made about registered nurses and midwives to NMBI. “Every single member of our committee works extremely hard. We take our role very seriously indeed,” says Denis.

“It’s important for registrants to know that is the case, and in particular it is important for them to know that just because a complaint has been made, it doesn’t always follow that there will be a Fitness to Practise inquiry.” 

“We examine all written submissions on a particular complaint. We do not take oral evidence on allegations which are made. The registrant is also provided with the opportunity to provide his or her views on a complaint before a decision is made. Just because someone has a complaint made against them it does not automatically follow that an FTP inquiry will take place.

“Last year there were 32 complaints which the Committee referred to a Fitness to Practise inquiry. In 60 other cases – almost two-thirds – the Committee issued what is called a ‘Non Prima Facie’ (NPF) opinion which means that the PPC decided that there was no case to answer.

In 2019, 47 cases we referred to inquiry, but there were 77 cases with no further action.”

The Board of NMBI can overturn the decision of the Committee when it recommends not to progress a complaint to an inquiry, but this rarely happens.

“The Committee members are all extremely talented and forensic when it comes to examining the material before us. We go through copious amounts of documentation before each monthly meeting and then the meetings can last several hours as we debate the issues,” says Denis.

“There is consensus amongst committee members in the vast majority of decisions made, however there are occasions where the majority rule determines the outcome.

“The Committee must act in accordance with the terms of the Nurses and Midwives Act 2011. Under the Act a copy of the complaint and all documentation must be supplied to the nurse or midwife against whom the complaint has been made so that he/she has the right of reply.

“Sometimes complaints can be deferred if the matter involves an ongoing criminal investigation or a criminal court case. In certain circumstances where the Committee believes a complaint may warrant the immediate suspension of a nurse or midwife from the register, it can also direct the Director of Fitness to Practise to bring the matter to the attention of the CEO and the Board.”

For Denis and his Committee there has been an increase in complaints regarding comments made on social media by nurses and midwives. “This is a growing area of concern for us,” says Denis.

“Whilst the Committee has yet to refer such a complaint to a Fitness to Practise inquiry, that may well change in the future. We are seeing a growing number of complaints about social media postings and that is the reason why a reminder for registrants on their responsibilities was recently issued by NMBI via the website and the March edition of the eZIne. Registrants should read it carefully.”

Denis also wants to reiterate that his Committee operates independently and fairly.

“We operate in accordance with fair procedures at all times. Everyone gets their say before the Preliminary Proceedings Committee. In the cases which do go to an inquiry every nurse and midwife involved at that stage has the right to representation and the right to cross-examine and scrutinise the allegations,” he adds.

You can read more on the workings of the PPC on our website here.