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

Under article 31(8) of the Nursing and Midwifery Order 2001, an interim suspension order may be extended where this remains necessary in the public interest and for the protection of the public. The court should consider the seriousness and evidential support for the allegations, any delay, and prejudice to the registrant. Where the substantive disciplinary hearing is imminent and no material prejudice is identified, a further extension may be justified.

The Nursing and Midwifery Council applied under article 31(8) of the Nursing and Midwifery Order 2001 for a three-month extension of an interim suspension order imposed on the respondent’s registration. The order had been reviewed and continued on five occasions, and the court had previously granted a twelve-month extension. The allegations concerned a previous conviction, its non-disclosure, and alleged failures in the treatment and medication of vulnerable adults. The substantive hearing was listed shortly after the application.

1. Application granted. The interim suspension order was extended for three months.
2. The court was satisfied that the statutory threshold remained met. The allegations were serious and appeared sufficiently supported by the material before the court, which was considered only for the purposes of the interim application.
3. Although there had been some delay, the investigation had concluded that there was a case to answer. The matter had been referred to the Conduct and Competence Committee, and the substantive meeting had been fixed for 4 February 2011.
4. The continuation of the suspension remained in the public interest and was necessary for the protection of the public. The respondent had not engaged with the proceedings, did not attend, and no material prejudice from the extension was identified.