PROCESS OF APPEAL IN RELATION TO LSAMO FORUM UK GUIDELINE L North of Scotland Local Supervising Authority Consortium
Guideline produced by: (SQIG) Supervisors Quality Improvement Group Guideline production date: Version 1 December 2009 Version 2 November 2012 updated January 2013 Consultation process: North of Scotland LSA Consortium Draft reviewed by: SQIG Guideline approved by: North of Scotland LSA Consortium Guideline approval date: 11/02/2013 Guideline Implementation date: 11/02/2013 Guideline review date: Nov 2015 Paper copies of this guideline may not be the most recent version. The definitive version is held at http://www.midwiferysupervisionnoslsa.scot.nhs.uk 2
Contents Introduction... 4 Referral... 4 Appeal... 4 Process... 5 Decisions... 5 References... 6 3
Introduction The purpose of this policy is to set out the procedure for appeal where a midwife is not satisfied with an investigation process or decision of the Local Supervising Authority (LSA) or its referral to the Nursing and Midwifery Council (NMC) in accordance with the requirements of NMC standards (NMC 2012). This policy is to be read in conjunction with Guideline L: Guideline and process for investigation into a midwife s fitness to practise by a Supervisor of Midwives on behalf of the Local Supervising Authority (LSAMO Forum UK 2009) and Guideline G: Process for the Notification and Management of Complaints against a Supervisor of Midwives or an LSA Midwifery Officer including Appeals (LSAMO Forum UK 2007). Referral In its decision to refer a midwife to the NMC, the LSA will ensure all relevant written evidence is documented in a clear report with additional appendices and supporting evidence in line with Guideline L (LSAMO Forum UK 2009). The process of referral of a midwife to the NMC will be that as detailed in Guideline L (LSAMO Forum UK 2009). Appeal The NMC standards require the LSA to publish the process for appeal against any decision relating to an investigation of allegations of a midwife s impaired fitness to practise. An appeal must not inhibit the LSA s decision to suspend a midwife/ midwives from practice, delay referral to the NMC or delay the start of any supervised practice programme. If a midwife wishes to appeal the process of the supervisory investigation and/or the LSA s decision as a result of the investigation, this must be done in writing to the relevant LSAMO within 10 days of receiving the written supervisory investigation report. 4
Any such appeal should include specific evidence that supports where the supervisory investigation processes have not been followed and/or have misinformed the conclusions reached and/or decision/s made. Reference should be made to section 14 of Guideline L (LSAMO Forum UK 2009) and/or Guideline G (LSAMO Forum UK 2007). Any consideration of appeals will be in accordance with Guideline L (LSAMO Forum UK 2009). Process The appeal will be fully investigated and managed in line with the relevant Health Boards complaints process. Once the LSAMO is in receipt of the appeal then the LSAMO will set up a review panel. The panel may call for a statement from the investigating Supervisor of Midwives in response to the concerns raised. The panel will review all investigation documentation to ensure that a fair and equitable process has been followed, using this guideline to inform the process. The LSAMO may consider it appropriate for another LSAMO to review the entire documentation and the investigation process. A full report of the investigation will be produced, detailing the evidence on which conclusions have been made to uphold or reject the appeal. Decisions The midwife submitting the appeal and those involved in the appeal investigation should normally be notified in writing of the outcome of the appeal within 7 days following production of the final report. The outcome of the appeal only will be notified to the midwife and relevant other personnel concerned with the appeal. The decision of the investigating officer/lsamo for the appeal is final. 5
References LSAMO Forum UK 2007 Guideline G, Process for the Notification and Management of Complaints against a Supervisor of Midwives or an LSA Midwifery Officer including Appeals. Online @ http://www.lsamoforumuk.scot.nhs.uk/media/146/g process_for_the_notification_an d_management_of_complaints_against_a_som_or_an_lsamo_etc_.pdf LSAMO Forum UK 2009 Guideline L, Guideline and process for investigation into a midwife s fitness to practise by a Supervisor of Midwives on behalf of the Local Supervising Authority. Online @ http://www.lsamoforumuk.scot.nhs.uk/media/179/l_process_for_investigation_into_a_ midwife_s_fitness_to_practise.pdf NMC (Nursing and Midwifery Council) 2012 Midwives Rules and standards Online @ http://www.nmc-uk.org/publications/standards 6