Professionals who should have been banned may have been working in the NHS for more than a decade, council admits.
The Nursing and Midwifery Council (NMC) did not properly carry out health and criminal record checks for more than a decade.
For the past 12 years, the NMC has not been following its own processes fully, with an estimated 15 people potentially working in the UK who should not have been allowed to do so.
Admitting and apologising for this “utterly unacceptable” failure, the NMC said 421 people are now being contacted for extra information after potential concerns in self-declaration forms weren’t followed up.
Applicants hoping to join the nursing and midwifery register must declare if they have a criminal record, have committed a serious offence or have an unmanaged health condition that may prevent them from practising safely. Under the NMC process, declarations are considered by a specialist team, and all cases of concern should be referred to an assistant registrar for a decision.
For 12 years, however, that second step was not consistently carried out, which the Royal College of Nursing (RCN) has labelled as “astounding”.
“It is a potentially dangerous regulatory failing that individuals made declarations regarding criminal convictions and health conditions over such a long period of time without appropriate checks to determine their fitness to practise,” said Lynn Woolsey, chief nursing officer at the RCN.
Transformation plan launched
Meanwhile, the Royal College of Midwives said such news will cause anxiety for the small number affected, and it will be seeking assurances to ensure the issue is resolved “swiftly, fairly and cannot happen again”.
The issue was first raised by a staff member at NMC, with more than 18,000 applications during the 12-year period subsequently reviewed. While no further action was required in most cases, 421 people are being asked to provide information for a more detailed assessment. The NMC anticipates that of this number, up to 15 could be banned, with a final decision resting with an independent panel.
There are currently 867,935 people on the nursing and midwifery register.
Before being hired, separate, enhanced employment checks are carried out by employers, meaning that some who passed the NMC’s processes may not have actually been given a job.
The NMC has been through a period of turmoil in recent years, with racism, bullying and harassment uncovered in a 2024 report carried out by former chief crown prosecutor Nafir Afzal.
A three-year transformation plan has since been launched, with a new chief executive and chair being appointed.
“We know that the NMC has not met the high standards expected of it in past years, so we’re now building a new NMC, which is striving to become the strong and independent regulator needed to protect the public and uphold the standards of the professions,” said Paul Reese, chief executive and registrar.
The NMC is looking into how such mistakes were allowed to happen, but Woolsey says this is not enough, calling for an independent investigation which will establish how processes should be improved at the council.
“Today’s vague apology will not suffice, and we will lead the UK’s nursing staff in asking very tough questions,” Woolsey added.
Rachel Power, chief executive of the Patients Association, welcomed the NMC owning up to its mistake, but added: “Patients treated by individuals who never should have been on the register should not be left to wonder if they were impacted but deserve honest and direct communication.”
