Written by an anonymous NMCWatch member.

Currently, applications within healthcare (and many outside of the profession) will ask:
“Have you ever been subject to disciplinary action or investigation by an employer or professional organisation?”

This gives a nurse or midwife who has previously been referred to the NMC, even if cleared or case closed at screening, that they must declare it. Occasionally the question will be worded “are you currently subject to …” in which case they can truthfully state “no” if their case is over. However, for the nurse trying to move on after their referral, it imposes an ongoing hold on them, which feels as if it will never be over.

While honesty remains a cornerstone of professional integrity, it’s important to highlight the protections afforded by the Data Protection Act 2018 and the Human Rights Act (specifically Article 8, which guarantees the right to privacy). For instance, I was under investigation five years ago with no case to answer. Requiring disclosure of this could create a misleading and unfavourable impression, undermining the LEGAL principle of data minimisation, which mandates that only relevant, adequate and necessary data be collected and shared.
Some NMC referrals (resulting in no case to answer) involve special category data, such as health information. Even indirect, mandated disclosure of such sensitive information can be seen as discriminatory and, as such, could be prohibited under the Equality Act 2010.
The NHS’s recent decision to cease detailed character references in favour of basic employment confirmations, made in consultation with the Information Commissioner’s Office (ICO), demonstrates a growing recognition of the need to balance transparency with privacy. This approach aligns with the principle of protecting individuals from unnecessary/unfair/misleading exposure of their personal information.

Once my NMC proceedings are concluded, I intend to make a formal case to my MP and the Chief Executive of the ICO. I will advocate for the removal of such disclosure requirements or, at the very least, the inclusion of an optional response. This change would better uphold nurses’ rights to privacy and data protection, particularly when investigations with no-case outcomes should be regarded as resolved and equivalent to an appeal being upheld.

For now, this is yet another punitive outcome of referral to FtP which seems exclusive to our profession.

P.S. Not all NHS hospitals require the disclosure.