NMC Code Section 23: Cooperate With Investigations

Section 23 covers the duty to engage with formal investigations.

“Cooperate with all investigations and audits.”

Sub-clauses:

• 23.1 Cooperate with any audits of training records, registration records or other relevant audits that we may want to carry out to make sure you are still fit to practise.
• 23.2 Tell both us and any employers as soon as you can about anything that might affect your eligibility to be on our register, or your fitness to practise.
• 23.3 Tell any employers you work for if you have had your practice restricted or had any other conditions imposed on you by us or any other relevant body.
• 23.4 Tell us, employers and any other relevant authorities at the first reasonable opportunity if you or anyone you are responsible for has been charged with, received a conditional discharge for, or been found guilty of, a criminal offence (other than a protected caution or conviction).
• 23.5 Give your NMC PIN when any reasonable request for it is made.

Section 23 is the Code’s mechanism for self-policing of the profession. Most registrants will never need to engage with it directly, but the obligation matters when it does come.

What it means in practice

Three triggers most commonly bring Section 23 into play:

You are being investigated. Respond honestly to NMC notices. Take legal advice (usually via your union) before formal responses. Don’t obstruct. Late or evasive responses make things worse.

You are a witness. If asked to provide a statement or attend a hearing, do so honestly and accurately.

A change in your status. Charged with an offence, conditions imposed by another regulator, or dismissal from a healthcare role all need prompt notification to the NMC under 23.2 and 23.4.

The “at the first reasonable opportunity” wording means days to weeks, not months. The longer you delay, the less the NMC accepts the disclosure as good-faith engagement.

Common breaches

• Failure to disclose a charge or conviction.
• Late disclosure of conditions imposed by another regulator.
• Non-engagement with NMC investigation notices.
• Misleading responses to investigators (also a separate Section 20 issue).

CPD that maps to Section 23

• Awareness of NMC fitness-to-practise processes (RCN runs free awareness sessions).
• Professional accountability training.

Common reflective account themes

Section 23 reflections are rare because most registrants never engage with formal investigations. When they do appear, they’re usually:

• A reflection on supporting a colleague through a fitness-to-practise process.
• A reflection after attending a hearing as a witness.

Where Section 23 connects to other sections

• Section 20 (reputation): honesty in investigations.
• Section 22 (registration requirements): notification overlaps.

The next chapter covers Code Section 24 on responding to complaints.