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NHS Performers Lists guide · NHS England performer concern investigation

How NHS England manages a Performers List concern

A Performers List concern can involve conduct, performance, health, efficiency or suitability and may run alongside employer, regulator or criminal proceedings. The precise statutory route shapes the available decision.

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What this means

Start with the exact decision in front of you.

A Performers List concern can involve conduct, performance, health, efficiency or suitability and may run alongside employer, regulator or criminal proceedings. The precise statutory route shapes the available decision.

Immediate priorities

Organise the position before responding.

01

Identify the regulation and case category being considered

02

Preserve the NHS England notice and underlying evidence

03

Map every parallel process and information-sharing route

Detailed guidance

The procedure, evidence and possible route from here.

01

Identify the performers-list route and alleged ground

NHS England may receive information about a listed performer's conduct, performance, health, efficiency or suitability from several sources. The same facts may also engage employment, contract, professional-regulator, safeguarding or criminal processes. Read the notice to identify the regulation and case category being considered. The label matters because it shapes what NHS England may decide and which evidence bears on risk.

Create a process map showing the organisation, allegation, decision-maker, current stage and deadline for each connected matter. A professional regulator decides registration questions; NHS England manages the statutory performers list; a practice may make employment or contractual decisions. Findings can travel between them but do not have identical effects. An accurate master chronology helps maintain factual consistency while keeping the legal questions separate.

  • Identify the specific regulatory case category
  • Map every parallel decision process
  • Keep one verified factual chronology

02

Preserve evidence and engage with case management

Secure the notice, referral, clinical or performance material, relevant correspondence and existing mitigation. Patient records should be accessed and disclosed through lawful channels. Do not amend original entries or approach patients informally. If NHS England relies on an employer report, request the underlying evidence needed to understand and answer its conclusions. A summary alone may omit interviews, audit data or context central to the performers-list decision.

NHS England's policy describes structures for screening, investigation and panel decision-making. The assigned case manager may seek information and coordinate the process but does not replace the panel where a discretionary regulatory decision is required. Respond to administrative requests promptly, identify reasonable adjustments and record communications. Where a fact is disputed, provide the source document and explanation rather than expecting the case manager to infer the issue from a large bundle.

  • Preserve original clinical and process records
  • Request source evidence behind adverse summaries
  • Use focused, documented communication with the case manager

03

Address risk, support and proportionate action

A response should explain current patient protection as well as the historic event. Evidence may include restricted duties, supervision, audit, appraisal, treatment, education or an external assessment. Identify who designed the safeguard, how it operates and whether it covers all NHS work. Local support can reduce risk, but a voluntary arrangement that can end without notice may not provide the same assurance as a formal condition.

NHS England policy aims to protect patients while supporting performers to return to satisfactory practice where possible. A constructive response can propose targeted assessment or remediation, but should not accept inaccurate allegations simply to appear cooperative. Compare no action, support, conditions, suspension and removal by reference to the statutory grounds and evidence. If a PLDP is proposed, prepare the case specifically for its decision and powers.

  • Demonstrate how present patient risk is managed
  • Explain the durability of voluntary safeguards
  • Offer proportionate options without false admissions

Key questions

Keep the analysis tied to this stage.

Question 01

What facts and risk require investigation

Question 02

Whether supportive or restrictive action is needed

Question 03

Whether the case should reach a Performers List Decision Panel

Independent legal help

Advice is provided only by the regulated firm that accepts a matter.

Common questions

Clarifying the route without assuming the outcome.

Is an NHS performers-list case the same as a GMC, GDC or GOC case?

No. NHS England and the professional regulators exercise different statutory functions, although evidence and outcomes may be shared between processes.

Can NHS England consider concerns already investigated by an employer?

Yes. Employer findings may be evidence, but NHS England applies its own Performers Lists Regulations and policy to decide the list position.

Connected guidance

Continue through the topic map.

Use the hub for the full sequence or choose the connected route that matches the notice.

Official sources

Check the material for this question.

Sources checked 19 September 2026. Rules change, so compare the current notice and linked official material and tell the operator if a citation or summary needs correction.

Independent matching service

Understand how an introduction will work.

Before any details are shared, the live service will identify the receiving firm and explain the commercial referral arrangement.

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