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

An interim suspension order may be extended where the court is satisfied that continued suspension remains necessary for public protection or is otherwise in the public interest. Serious allegations, carefully considered evidence, progress towards a substantive hearing and the absence of identified prejudice may justify an extension despite delay. The court must assess the circumstances as a whole, including the stage reached in the disciplinary proceedings and any prejudice caused to the registrant.

The Nursing and Midwifery Council applied under article 31(8) of the Nursing and Midwifery Order 2001 for a further nine-month extension of an 18-month interim suspension imposed on the defendant’s registration by the Investigating Committee. The suspension had been reviewed and continued on three occasions. The substantive disciplinary case, involving allegations of misappropriation of patients’ and staff members’ funds, had been found to warrant a hearing and was expected to be listed by July 2011. The defendant had not engaged with the proceedings or attended the application.

1. Application granted. The court extended the interim suspension order for a further nine months under article 31(8) of the Nursing and Midwifery Order 2001.
2. The allegations were very serious and concerned alleged misappropriation of funds belonging to patients and staff at establishments where the defendant worked as a nurse. The court had carefully considered the evidence filed in support of the application.
3. Although there had been delay, partly because the allegations arose from two separate referrals, the case had been determined to warrant a substantive hearing and appeared to be progressing towards a conclusion. Those circumstances supported continued interim protection.
4. The court was satisfied that the extension remained necessary for the protection of the public and was otherwise in the public interest. The defendant had identified no prejudice caused by the extension, and the court could identify none on the papers.

The extension was therefore ordered.