Nursing and Midwifery Council v Freeman

An interim suspension order may be extended under article 31(8) of the Nursing and Midwifery Order 2001 where the court is satisfied, on the material before it, that an extension is appropriate. The extension may be framed to cover the period required for forthcoming disciplinary proceedings and reasonable contingencies affecting their hearing.

The Nursing and Midwifery Council applied to extend an interim suspension order imposed on 19 January 2010. The proposed extension was for eight months, covering the period until and beyond a disciplinary hearing listed for the end of November. The respondent stated that she did not oppose the application and agreed to its determination on paper. The issue was whether the order should be extended under article 31(8) of the Nursing and Midwifery Order 2001.

1. The application was made under article 31(8) of the Nursing and Midwifery Order 2001.
2. On the material before the court, it was appropriate to extend the interim suspension order. The listed disciplinary hearing was due to take place at the end of November, and the requested period reasonably allowed for the possibility of delay or other difficulty with that hearing.
3. The interim suspension order was extended for eight months from the date on which it would otherwise have expired.