Nursing & Midwifery Council, R (on the application of) v Adams

[2010] EWHC 1433 (Admin)

Case details

Case citations
[2010] EWHC 1433 (Admin)
Court
High Court (Administrative Court)
Judgment date
27 May 2010
Judgment text

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Subjects
Administrative Professional discipline Interim suspension orders
Keywords
Nursing and Midwifery Order 2001 article 31(8) interim suspension order professional regulation protection of the public fitness to practise
Outcome
application granted (interim suspension order extended for 3 months)
Judicial consideration

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Summary

Under article 31(8) of the Nursing and Midwifery Order 2001, an interim suspension order may be extended where the court is satisfied that extension is necessary in the interests of protecting the public. The extension may be granted for an appropriate period where the substantive fitness-to-practise proceedings have not yet concluded.

Factual background

The Nursing and Midwifery Council applied under article 31(8) of the Nursing and Midwifery Order 2001 to extend an interim suspension order imposed by its Investigation Committee on 3 December 2008. The order was due to expire on 2 June 2010. A substantive hearing was listed for 8 and 9 June 2010, but the likely date of final conclusion could not yet be determined.

Held

  1. The application under article 31(8) of the Nursing and Midwifery Order 2001 was granted.
  2. The court was entirely satisfied that extending the interim suspension order was necessary in the interests of protecting the public.
  3. The interim suspension order imposed on the respondent’s registration was extended for three months from 2 June 2010.

The court’s approach to earlier authorities

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Key cases cited

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Cases citing this case

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