Nursing and Midwifery Council, R (on the application of) v Salauroo

An interim suspension order may be extended where the court is satisfied that continuation remains necessary for the protection of the public or otherwise in the public interest. Serious and reasonably supported allegations concerning risks to vulnerable patients may justify continuation. The court should also consider whether the requested period is reasonable in the circumstances and whether the regulatory proceedings are likely to be determined within a reasonable period.

The Nursing and Midwifery Council applied under article 31(8) of the Nursing and Midwifery Order 2001 to extend an interim suspension order imposed on a nurse’s registration. The order had been reviewed and continued several times. The allegations included failures to administer medication to vulnerable care-home residents, falsification of records and non-disclosure of a previous conviction. The defendant did not attend or participate. The central issue was whether a further 12-month extension was necessary in the public interest and for public protection.

1. The application was granted. The interim suspension order was extended for 12 months from 29 January 2010.
2. Under article 31(8) of the Nursing and Midwifery Order 2001, continuation was justified where it remained necessary for the protection of the public or otherwise in the public interest.
3. The allegations were serious and appeared, on the documents before the court, to be reasonably well supported. They concerned alleged gross negligence in treating particularly vulnerable adults, including failures to administer basic medicines where omission could have serious effects on health and wellbeing.
4. The court was assured that the regulatory proceedings were well advanced and would be determined within a reasonable period. In those circumstances, a 12-month extension was reasonable.