Nursing and Midwifery Council v D

The court may extend an interim suspension order where the circumstances justify continued restriction and the statutory conditions for extension are satisfied. An extension under article 31(8) may be granted for the maximum permitted period of 12 months. The assessment may take account of the protection of the public, the public interest, the seriousness of the underlying allegations, the criminal outcome, and the progress of the regulatory proceedings.

The Nursing and Midwifery Council applied under article 31(8) of the Nursing and Midwifery Order 2001 to extend an interim suspension order imposed against a nurse. The order had originally been made after the respondent was charged with sexual offences. He was subsequently convicted of sexual activity with a child and sentenced to imprisonment, while the regulatory proceedings continued. The Investigating Committee had found a case to answer, and the Conduct and Competence Committee directed a final hearing. The issue was whether the interim suspension should be extended for a further 12 months.

1. The application was granted. The interim suspension order was extended for a further period of 12 months under article 31(8) of the Nursing and Midwifery Order 2001.
2. The original order had been imposed under article 31(2) because it was necessary for the protection of the public and otherwise in the public interest. The court treated the continuing criminal and regulatory circumstances as relevant to whether suspension should remain in force.
3. The respondent had been convicted of sexual activity with a child, sentenced to a custodial term with an extended licence period, made subject to notification requirements, and disqualified from working with children. The regulatory investigation had progressed to a finding of a case to answer and a direction for a final hearing, although no hearing date had yet been fixed.
4. Having considered all the circumstances, the court was satisfied that this was an appropriate case for exercising the power of extension. The order was made in the terms of the draft order.