Nursing and Midwifery Council v Myaka

An interim suspension order may be extended where continuation remains necessary for public protection and in the public interest. The court should also consider whether the extension would cause injustice and whether the substantive fitness-to-practise proceedings are expected to conclude within the extended period. A six-month extension may be appropriate where serious allegations remain to be determined, the investigation is complete, and a hearing has been arranged shortly after the application.

The Nursing and Midwifery Council applied under article 31(8) of the Nursing and Midwifery Order 2001 to extend by six months an interim suspension order imposed against a registered nurse. The order had originally been made under article 31(2) pending investigation of allegations including sleeping while on night duty and possible patient neglect. The order had been reviewed regularly and continued on public-protection and public-interest grounds. The investigation was complete and a substantive hearing had been listed. The defendant did not respond or appear.

1. The application under article 31(8) of the Nursing and Midwifery Order 2001 succeeded.
2. An extension of an interim suspension order was justified where the allegations were serious, the order had continued to be reviewed and considered necessary for public protection and the public interest, and the substantive hearing was imminent.
3. The court had regard to article 31 of the Nursing and Midwifery Order 2001, rule 26 of the Nursing and Midwifery (Council Fitness to Practise) Rules Order of Council 2004, and the Court of Appeal’s decision in General Medical Country v Dr Stephen Chee Cheung Hiew [2007] EWCA Civ 369.
4. The proposed six-month extension would cause no injustice. The substantive hearing was expected to take place within that period, while the extension would accommodate any unforeseen adjournment that might otherwise cause substantial delay.
5. The interim suspension order was therefore extended for six months.

First-instance application to extend an interim suspension order. No prior court decision is stated in the judgment.