Nursing and Midwifery Council v Okon- Burgess

The High Court may extend an interim suspension order beyond the maximum period for which the professional regulator may impose it, where the statutory conditions are met and the procedural history justifies further protection pending the substantive fitness-to-practise hearing. The extension should be limited to a period reasonably required to complete that hearing. A further extension after a prolonged suspension will require careful justification.

The Nursing and Midwifery Council applied under article 31(8) of the Nursing and Midwifery Order 2001 to extend an interim suspension order concerning the respondent’s fitness to practise. The order had originally been imposed for the maximum 18-month period under article 31(2), reviewed at the required intervals, and previously extended by the High Court for six months. The substantive hearing had been adjourned because further witness evidence was required. The issue was whether a further nine-month extension should be granted.

1. The application under article 31(8) of the Nursing and Midwifery Order 2001 was granted. The interim suspension order was extended for a further nine months from 7 July 2010.
2. Article 31(2) permits the regulator’s panel to impose an interim suspension order for a maximum of 18 months. The order must be reviewed within six months and thereafter at three-monthly intervals. Once that maximum period has expired, any further extension requires an order of the High Court.
3. The court considered the procedural history, including the adjournment of the substantive hearing to obtain statements from eyewitnesses and the continuing steps to secure that evidence. Those circumstances justified a further extension because the substantive hearing could not yet be fixed or completed.
4. The extension was granted for a defined period. The court anticipated that the substantive proceedings should have been completed by its expiry. A further application, after a suspension approaching three years, would require substantial justification.