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

Under article 31(8) of the Nursing and Midwifery Order 2001, an interim suspension may continue where it is necessary for public protection, otherwise in the public interest, or in the interests of the registrant.

When deciding the duration of an extension, the court should balance public protection against fairness to the registrant. A shorter extension may be appropriate where disciplinary proceedings should be monitored to ensure that they progress reasonably expeditiously.

The Nursing and Midwifery Council applied for continuation of an interim suspension imposed on a midwife. The suspension followed two incidents raising concerns about clinical accountability, communication, multidisciplinary working and record keeping. The NMC’s investigating committee had repeatedly continued the suspension and had been unable to progress referral proceedings on two occasions because adequate notice had not been given to the registrant.

The court had to determine whether the statutory test for continuation of suspension was satisfied and, if so, the appropriate duration of any further order.

1. The application was granted because the statutory test in article 31(8) of the Nursing and Midwifery Order 2001 was satisfied. On the information before the court, continuation of the suspension was necessary for the protection of members of the public, was otherwise in the public interest, or was in the interests of the registrant.
2. The court took account of the repeated concerns arising from two incidents, the previous period of supervised practice, the respondent’s suspension by the local supervising authority, and the continuing regulatory investigation. The investigating committee had since decided to refer the matter to the Conduct and Competence Committee.
3. The court declined to grant the requested further 12-month suspension. It considered it desirable and fair to impose a shorter period so that the matter could be reviewed if necessary and the court could ensure that the proceedings were conducted in a reasonably expeditious manner.
4. The suspension was therefore extended for six months from the date on which it would otherwise have expired.