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The hearing: what happens
The following process outlines the steps you can take when you are asked to attend a hearing following a serious incident in clinical practice. It is designed to help you understand what to expect, prepare for the hearing, access appropriate legal and professional support, and look after your emotional well-being throughout the process.
Notification and Initial Support
- Immediate Notification: You should be informed of the hearing details promptly, including the date, time, location, and nature of the incident under review. Ensure you understand the purpose of the hearing and what is expected of you.
- Informal Support: Your line manager or supervisor should contact you to offer emotional and professional support and help you understand the next steps. You may also wish to seek additional guidance and support from a trusted colleague or mentor.
Appointment of Support and Representation
- Legal Representation: You should establish whether you are entitled to legal representation and what support is available to you. Depending on the nature of the hearing, you may wish to seek advice from a solicitor or legal team specialising in healthcare law and midwifery practice.
- Union Representation: If you are a member of a professional union, such as the Royal College of Midwives (RCM), contact your union as early as possible to seek advice and support. Your union representative may be able to advise you on your rights, represent your interests, and guide you through the process.
- Support Person: Find out whether you can bring a colleague, family member, or other support person to the hearing. Their role may be to provide emotional support, although their ability to participate in the hearing will depend on the type of hearing and the applicable arrangements.
Preparation for the Hearing
- Review of Incident: Familiarise yourself with the documentation relevant to the incident and hearing, which may include:
- Clinical notes and records
- Incident reports
- Statements from other team members involved
- Relevant patient feedback or complaints
If you are unsure which documents you can access or share, seek advice from your legal or union representative.
- Reflection and Support: Give yourself time and space to reflect on the incident and acknowledge any personal or professional challenges you may have experienced. You may find it helpful to discuss your reflections with a mentor, clinical supervisor, or another appropriate person who can provide constructive and supportive guidance.
- Preparing Statements and Evidence: If you are required to provide a statement or other evidence, seek advice from your legal or union representative to help you prepare. Your account should be clear, factual and accurate, and may include:
- A timeline of events
- The actions you took during the incident
- Relevant circumstances or factors that influenced events
- Your reflections on the outcome and any learning you have identified
Ensure that your account reflects your own recollection and understanding of events.
- Simulation/Mock Hearing: Ask whether you can access a preparation session or mock hearing with your legal or union representative. This may help you become familiar with the process, anticipate the types of questions you may be asked, and feel more confident about attending.
Attending the Hearing
- Arriving at the Hearing: Where possible, arrive early to familiarise yourself with the environment and allow yourself time to settle before the hearing begins. Consider what you might need to help you feel comfortable and prepared.
- Representation: If you are accompanied by a legal or union representative, clarify their role before the hearing. They may provide advice, support you in presenting your account, and help you understand the process. The extent of their involvement will depend on the type of hearing and its procedures.
- Listening and Responding: Listen carefully to each question and take your time before responding. If you do not understand a question, feel unsure what is being asked, or need a moment to gather your thoughts, you can ask for clarification or a pause where appropriate. Answer honestly and avoid speculating if you do not know or cannot remember something.
- Maintaining Professionalism: Throughout the hearing, aim to remain calm, respectful and professional, even when questions are difficult or challenging. It is understandable to experience a range of emotions during the process. If you feel overwhelmed, ask whether a short break is possible.
Post-Hearing Support and Debrief
- Debrief with Legal or Union Representative: After the hearing, arrange time with your legal or union representative to discuss what happened, understand the outcome where known, and clarify any next steps or further action required. This may also help you process the experience and identify any questions or concerns you still have.
- Emotional Support: Give yourself time to reflect on the experience and acknowledge its emotional impact. You may find it helpful to speak with your supervisor, mentor, a trusted colleague, or a professional counselling service. Seek support if you experience distress or find that the hearing is affecting your well-being.
- Follow-up and Outcome Communication: Establish how and when you will be informed of the hearing’s outcome. Depending on the nature of the hearing, this may include further action, recommendations for practice improvement, or disciplinary action. If you are unclear about the outcome or what it means for you, seek clarification from the appropriate person or your representative.
Learning and Development Post-Incident
- Clinical Reflection and Learning: When you feel ready, consider engaging in a structured learning process following the incident. This may include additional training, clinical supervision, or reflective practice to explore your experiences, identify learning opportunities, and support your ongoing development.
- Support for Workplace Practices: Consider how learning from the incident might contribute to improvements in clinical practice, team working, or workplace systems. Where appropriate, contribute to discussions about wider learning and share insights through the relevant organisational processes. Responsibility for identifying and implementing improvements should be shared across the team and organisation, rather than resting solely with you.
- Reintegration and Confidence Building: If the experience has affected your confidence, acknowledge this and discuss any support you may need to feel comfortable in clinical practice. You may benefit from ongoing supervision, peer support, or an agreed plan to support your confidence and development. Any adjustments to your work or return to practice should be discussed with the appropriate people and based on your individual circumstances.
Monitoring and Ongoing Support
- Follow-up Support: You should be able to access ongoing emotional and professional support following the hearing. Consider arranging regular check-ins with your line manager, supervisor, or another appropriate person to discuss your well-being, any ongoing concerns, and your professional development.
- Mentorship and Peer Support: Consider accessing mentorship, peer support networks, or professional support services if you continue to experience emotional or professional difficulties following the incident. Remember that the impact of an incident and the time needed to process the experience will differ from person to person.
Key Considerations:
- Confidentiality: Be mindful of confidentiality requirements when discussing the incident, the hearing, or information relating to patients, colleagues, and other individuals. If you are unsure what information you can share and with whom, seek advice from your representative or the appropriate person within your organisation.
- Cultural Competency: Your individual background, experiences, cultural needs, and preferences should be considered throughout the process. If there are particular needs or adjustments that would help you feel supported, discuss these with the appropriate person.
- Well-being: Your well-being matters throughout the process. Recognise that attending a hearing following a serious clinical incident can be challenging, and that your response may change over time. Give yourself permission to seek support, acknowledge your feelings, and take time to process the experience.
Remember that you do not have to navigate this process alone. Seeking appropriate support, understanding what to expect, and allowing yourself time to process the experience can help you feel better prepared and supported throughout the hearing process.