Nursing and Midwifery Council v Rothwell

An interim suspension order may be extended where serious allegations, public protection, and the registrant’s failure to engage justify continuing restriction, despite delay in progressing the disciplinary case. The regulator must discharge the relevant burden before an extension is granted. The court must also determine a period that is justified and proportionate to the time reasonably required to resolve the proceedings.

The Nursing and Midwifery Council applied to extend an interim suspension order made under article 31 of the Nursing and Midwifery Order 2001. The order concerned allegations that the respondent, a staff nurse, had stolen medication from a hospital while supervising a student nurse.

The disciplinary process had been delayed. The respondent had not engaged with the Council or consented to a proposed psychiatric assessment, although some delay was attributable to the Council’s administrative failures. The issue was whether a further 12-month suspension was justified and, if so, whether the period sought was appropriate.

1. Extension justified. The court accepted that the allegations were substantial and serious. It also accepted that progress had been impeded largely, though not solely, by the respondent’s failure to co-operate. Without prejudging the disciplinary outcome, the Council had discharged the burden required before an interim suspension could be extended: see General Medical Council v Dr Stephen Chee Cheung Hiew [2007] EWCA Civ 369.
2. Delay considered. The court regarded the lack of a swift conclusion as regrettable, particularly because the Council’s evidence showed that no early conclusion was in prospect. That delay did not prevent an extension, since the seriousness of the allegations and the respondent’s non-engagement remained material considerations.
3. Length of extension. The Council’s proposed period of 12 months appeared generous but was considered ample for resolving the proceedings if they continued. In the absence of assistance from the respondent, the court granted the requested period.
4. Order. The interim suspension order was extended for a further 12 months, until 13 January 2012.