NHS Capability Process Response Pack

A polite request for each concern in writing, with examples, the evidence, the standard expected, the support available and the timescale.

[Your address]
[Your email address and phone number]

14 October 2026

Dana Walker
Example NHS Foundation Trust

Dear Dana Walker,

Subject: Request for information to help me prepare for the formal capability meeting - Riley Hughes, Staff Nurse

Thank you for your letter of 2 October 2026 inviting me to a formal capability meeting on 20 October 2026. I want to take part constructively and, to prepare properly, I would be grateful for the following in writing.

1. Confirmation that the concerns set out in your letter of 2 October 2026 are the only concerns I am being asked to respond to or, if there are others, those set out in full.
2. Specific, dated examples of each concern, and copies of any records, audits, incident reports or other evidence that are being relied on.
3. The standard or objective I am expected to meet for each concern, how it will be measured and by whom.
4. The support, training, supervision or other resources that are available to help me meet the standard, and when they can start.
5. The proposed timescale for improvement, how often progress will be reviewed and what would happen at the end of it.
6. A copy of the capability policy and procedure being applied, and confirmation of which stage this is and what it could lead to.
7. Whether health, workload, training or other circumstances have been considered, and whether an occupational health referral could help.
8. The name and role of the person who will hear the matter, and how the meeting will run.
9. Confirmation that I may be accompanied by my representative, Chris Doyle, as I understand I can reasonably ask to be accompanied at a hearing that could result in a formal warning or other action, and that the date and time can accommodate them.
10. Whether an official record of any meeting will be kept, and whether I will receive a copy.

I would be grateful for a reply by [date - please allow a reasonable period for this to be gathered]. If that is difficult, please let me know when I can expect it.

I note that the meeting is currently listed for 20 October 2026. Once I have the information above I would like reasonable time to read it and prepare with my representative. If the date does not allow that, I will let you know promptly and ask for it to be rearranged.

This letter asks for information so that I can understand the concerns and take part fairly. It is not my full response to them, which I will give at the appropriate stage. Thank you for your help.

Yours sincerely,

Riley Hughes
Staff Nurse, Band 5

[cc: my trade union representative - delete if not needed]

[Delete this line before sending: check every bracketed item, check your trust's own capability policy and have your union or staff-side rep read it first.]

Your account of each concern, your position on it (only the one you chose), the context and your evidence of improvement, with prompts for specifics.

RESPONSE STATEMENT OF Riley Hughes
Staff Nurse, Band 5, Example NHS Foundation Trust
Draft prepared 14 October 2026 for discussion with my representative

[Delete before use: you will be expected to answer questions put to you yourself. Your companion can put and sum up your case, respond to points and confer with you, but cannot answer for you. Read this through with your rep and cut anything you are not sure about. Include only what is true.]

1. Introduction
I am Riley Hughes, Staff Nurse, Band 5, at Example NHS Foundation Trust. This statement sets out my response to the concerns raised in your letter of 2 October 2026. I take them seriously and I want to work with the trust to meet the standard expected of me.
I returned to the ward in May after a career break. The electronic prescribing system was introduced the same week and I had a half-day of training.

2. The concerns as I understand them
Concerns about incomplete medication round documentation (three audits in August) and late handover notes (four shifts in July).
The concerns relate to: Following a change: a new role, a return from a break, a new system or team.

3. My response to each concern

Concern 1 - 20 August 2026
As put to me: Medication round documentation was incomplete on three audits in August.
The standard I understand I am expected to meet: [Say what the standard or objective is, and whether it was explained to you and when.]
Context: The new electronic prescribing system started the week I returned and my training was half a day. I accept some entries were missed, but two of the audited charts had a system fault noted.
My position: I agree with this in part. [State exactly which part you agree with and which part you do not.]
What I have done since, and evidence of improvement: I completed the online prescribing module on 2 September and shadowed a colleague on four medication rounds. A September spot check of 20 charts found 2 omissions.

Concern 2 - 31 July 2026
As put to me: Handover notes were completed late on four shifts in July.
The standard I understand I am expected to meet: [Say what the standard or objective is, and whether it was explained to you and when.]
Context: The ward had three vacancies in July and we were short on each of those shifts.
My position: I agree with this. [Say what you have done or changed since, and any circumstances you would like taken into account.]
What I have done since, and evidence of improvement: I now start handover notes 30 minutes before the end of the shift. My manager checked on five shifts in September.

4. Support and training
The support, training and supervision I have been given so far: [list with dates, or write 'none'].
A further supervised period on the electronic prescribing system, protected time to complete the online module, and written, measurable objectives with review dates.

5. Health and other circumstances
[If anything is affecting your work, such as a health condition, workload, a change of role or a lack of training, say as much as you are comfortable with and ask for it to be considered, including through an occupational health assessment. You do not need to give a diagnosis. Delete this section if it does not apply.]

6. What I ask the decision-maker to consider
I ask that any decision takes account of the specific facts, my response to each concern, the support and time to improve that I have been given, and my record. [Add anything else you want considered.]

7. Closing
I am happy to answer any questions about this statement. Chris Doyle will accompany me.

Signed: ______________________   Date: ______________________

[Delete this line before sending: check every bracketed item, check your trust's own capability policy and have your union or staff-side rep read it first.]

A constructive request for the training, supervision and adjustments that would help you meet the standard, with dates for review.

[Your address]
[Your email address and phone number]

14 October 2026

Dana Walker
Example NHS Foundation Trust

Dear Dana Walker,

Subject: Request for support and training - Riley Hughes, Staff Nurse

I want to meet the standard expected of me in my role and I would like to ask for the following support to help me do that. I understand that support such as coaching, mentoring and training, and adequate resources to do the job, are part of how performance concerns are normally addressed, and I would welcome a conversation about what is available.

The areas where I would find support most useful:

1. Medication round documentation was incomplete on three audits in August.
2. Handover notes were completed late on four shifts in July.

What I would ask for:

A further supervised period on the electronic prescribing system, protected time to complete the online module, and written, measurable objectives with review dates.

I would also be grateful if you could:

1. Confirm in writing what support and training will be provided, who will provide it and when it will start.
2. Agree with me clear and measurable objectives, how progress will be assessed and the dates of review meetings, so that I can see what I am working towards.
3. Consider whether health, workload or other circumstances are affecting my work, and whether an occupational health assessment would help. [Delete or adjust if this does not apply.]
4. Keep a written record of the support given and share it with me.

I would be grateful for a reply by [date - please allow a reasonable period]. I would like to be accompanied by Chris Doyle at any meeting about this.

Thank you for your help.

Yours sincerely,

Riley Hughes
Staff Nurse, Band 5

[cc: my trade union representative - delete if not needed]

[Delete this line before sending: check every bracketed item, check your trust's own capability policy and have your union or staff-side rep read it first.]

A checklist for before, during and after the meeting, tailored to your stage and concern.

MEETING QUESTIONS CHECKLIST
Riley Hughes, Example NHS Foundation Trust - prepared 14 October 2026
Stage: I have been invited to a formal capability meeting, or told a formal process has started
The concerns are about: Following a change: a new role, a return from a break, a new system or team

Tick each item off as you go. Ask your rep which of these suit your trust's policy. Where trusts differ, your own trust's policy takes precedence.

A. Ask in writing before the meeting
[ ] Can I have the concerns in writing, each one separately, with dated examples and the evidence relied on?
[ ] Which capability policy is being applied, which stage is this, and what could it lead to?
[ ] What is the standard I am expected to meet, how will it be measured and who will assess it?
[ ] What support, training, supervision or resources will be provided, and when will they start?
[ ] What is the timescale to improve, how often will progress be reviewed and what happens at the end?
[ ] Is this being treated as a capability matter or a conduct matter? (The process that follows can look quite different.)

B. Representation and the record of the meeting
[ ] Can I be accompanied by my union rep or a work colleague, and does the date and time work for them?
[ ] What will my companion be allowed to do? (Put and sum up my case, respond to points and confer with me, but not answer questions put directly to me.)
[ ] Will an official record be kept, who will take it, and will I get a copy?
[ ] My rep may take their own notes. Is that fine?
[ ] If the date does not work, tell the trust early, in writing, and ask for it to be rearranged.

C. Points to raise at the meeting
[ ] Give my response to each concern and refer to my own evidence of improvement.
[ ] Ask how each piece of evidence shows the concern, and when it was last checked.
[ ] Raise anything not yet looked at: workload, staffing, equipment or systems, training or induction I did or did not have.
[ ] Ask whether health or another circumstance could be affecting things, and whether an occupational health referral would help. (ACAS says disability-related capability issues may be resolved through reasonable adjustments.)
[ ] Ask what alternatives have been considered, such as changed duties, redeployment or additional supervision.
[ ] Ask for the objectives, review dates and support to be written down, and for a copy of the notes.
[ ] Ask what the possible outcomes are under the policy, and how any warning is reviewed.

D. After the meeting
[ ] Send a short note of what I understood was said and agreed, and ask for the manager's notes.
[ ] Diarise the review dates and keep my own record of what I do against each objective.
[ ] If support that was agreed does not happen, say so in writing and ask when it will.
[ ] If I am on a professional register, ask my rep how this process could interact with any regulator process.
[ ] Is anything I want to raise a grievance rather than part of this process? (They are separate policies.)

[Space for your own questions]

[Delete this line before sending: check every bracketed item, check your trust's own capability policy and have your union or staff-side rep read it first.]

A one-page summary for your rep: timeline, each concern and your position, paperwork held and missing, and what you want from them.

BRIEFING NOTE FOR MY REPRESENTATIVE
Prepared 14 October 2026

Member: Riley Hughes, Staff Nurse, Band 5
Trust: Example NHS Foundation Trust
Stage: I have been invited to a formal capability meeting, or told a formal process has started
Most recent letter: 2 October 2026

1. Summary
The concerns relate to: Following a change: a new role, a return from a break, a new system or team.
As put to me: Concerns about incomplete medication round documentation (three audits in August) and late handover notes (four shifts in July).

2. Timeline and key dates
- 31 July 2026: Concern 2: Handover notes were completed late on four shifts in July.
- 20 August 2026: Concern 1: Medication round documentation was incomplete on three audits in August.
- 2 October 2026: Most recent letter received
- 20 October 2026: Formal capability meeting

3. My position on each concern
- Concern 1: Agree in part. Medication round documentation was incomplete on three audits in August.
- Concern 2: Agree. Handover notes were completed late on four shifts in July.

4. Process questions
- Concerns in writing: Yes
- Specific dated examples given: Yes
- Standard clear and measurable: No - to ask for it
- Support or training offered: No - to ask for it
- Timescale to improve given: No - to ask for it
- Health, workload or other circumstances discussed: No - to raise
- Copy of the trust's capability policy: [yes / no]
- Representative: Chris Doyle

5. My evidence of improvement
- Concern 1: I completed the online prescribing module on 2 September and shadowed a colleague on four medication rounds. A September spot check of 20 c...
- Concern 2: I now start handover notes 30 minutes before the end of the shift. My manager checked on five shifts in September.
Missing or still to request:
- The standard expected and how it is measured
- Details of support and training offered
- The proposed timescale and review dates
- A copy of the capability policy (if I do not have it)

6. What I would like from you
- Advice on the capability policy, which stage this is and what it could lead to.
- To accompany me and help me put my case.
- Advice on how to ask for the standards, support and review dates to be written down.
- To check whether health, workload or other circumstances should be raised, and how.
- Advice on how any professional regulator process could interact with this one, if relevant.
- [Anything else you want to ask, or particular worries]

[Delete this line before sending: check every bracketed item, check your trust's own capability policy and have your union or staff-side rep read it first.]

A clearly labelled skeleton for if you need to appeal after an outcome. Do not send it now.

APPEAL SKELETON - FOR LATER, IF YOU NEED IT
This is a skeleton only. Do not send it now. You can only appeal once you have an outcome. Most formal outcomes can be appealed through the trust's own process, usually to someone more senior than whoever made the decision.

IMPORTANT: Confirm your trust's appeal deadline and the form or method for appealing before you do anything else. Appeal windows are often short, and the policy sets the number of days. Ask your union rep to read this before you send it.

An appeal is generally not a full re-run of the hearing. It usually looks at whether the process was followed fairly, whether the standards were clear and support and time to improve were genuinely given, and whether the decision was reasonable on the evidence.

[Your address]
[Your email address and phone number]

14 October 2026

[Name and job title of the person to send the appeal to - check your outcome letter and the policy]
Example NHS Foundation Trust

Subject: Appeal against the outcome of the capability process - Riley Hughes, Staff Nurse

Dear [name],

I am writing to appeal against the outcome of the capability [meeting / hearing] held on [date], confirmed in your letter of [date]. The outcome was [state the outcome].

My grounds are as follows.

Ground 1: The process was not followed fairly
[Say what was not fair, with dates and specifics: for example whether you had the concerns and evidence in good time, whether you could be accompanied, whether you had reasonable time to prepare and whether the trust's own policy was followed. Include only what is true. Delete anything that does not apply.]

Ground 2: The standards were not clear, or support and time to improve were not genuinely given
[Explain what the objectives were, whether they were specific and measurable, what support and training were promised and given, and whether the time to improve was reasonable. ACAS says a plan should set out specific objectives and a reasonable timeline and that employers should provide adequate resources. Include only what is true. You told us the standard was not clear. If that remains true, say what you asked and what you were told. You told us no support or training was offered. If that remains true, say what you asked for and what happened. You told us no timescale was given. If that remains true, say what you were told.]

Ground 3: The evidence did not support the decision
Concern 1: Medication round documentation was incomplete on three audits in August.
[Explain what the evidence showed and why it does not support the finding. Your evidence of improvement: I completed the online prescribing module on 2 September and shadowed a colleague on four medication rounds. A September spot check of 20 charts found 2 omissions.]

Ground 4: The outcome was not reasonable or proportionate
[Explain why, with reference to the specific facts, your response, your record, your improvement and whether alternatives such as an extended improvement period, changed duties or another role were considered. Delete this ground if you do not challenge the outcome.]

What I am asking for: [state clearly what you want, for example that the outcome is overturned, an improvement period is extended or the warning is reduced].

I would like to be accompanied by Chris Doyle at any appeal meeting. Please send me copies of the documents the appeal will consider and confirm the date, who will hear the appeal, and how I can submit anything further.

Yours sincerely,

Riley Hughes
Staff Nurse, Band 5

[Delete this line before sending: check every bracketed item, check your trust's own capability policy and have your union or staff-side rep read it first.]