Nursing & Midwifery Council v Carla

The High Court may extend an interim suspension order made under Article 31(2) of the Nursing and Midwifery Order 2001 where the relevant practice committee applies under Article 31(8) and the statutory conditions for the application are satisfied. The appropriate court is determined by the registered address provisions in Article 38. An extension may continue until the conclusion of disciplinary proceedings where the hearing has begun but remains incomplete.

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 midwife or nurse. The order was due to expire on 30 March 2007. Disciplinary proceedings had commenced on 21 March and were due to resume from 9 to 11 May 2007.

The respondent had been notified. She did not attend, but had stated that she did not oppose the extension and wished her position to be considered. The central issue was whether the suspension should be extended until the disciplinary hearing concluded.

1. The application was granted and the interim suspension order was extended until the conclusion of the disciplinary hearing.

2. Article 31(2) of the Nursing and Midwifery Order 2001 permits the relevant practice committee to suspend a nurse or midwife for up to 18 months. The order in this case had been made for 12 months.

3. Under Article 31(8), an application to extend an order made under Article 31(2) must be made to the court. Article 31(13) identifies the court by reference to Article 38. For a person whose registered address is outside Scotland and Northern Ireland, Article 38(4)(c) identifies the High Court of Justice in England and Wales as the appropriate court.

4. The court was satisfied that an extension was appropriate because the disciplinary hearing had started before the order expired but was not yet complete. The respondent had received notice, and her position as expressed in her letter of 17 February 2007 had been taken into account.