Nursing and Midwifery Council v Raggoo

The court may extend an interim suspension order made under article 31(8) of the Nursing and Midwifery Order where the circumstances justify its continuation. The extension may be made for a defined period, with permission for the respondent to apply on notice to vary or discharge the order.

The Nursing and Midwifery Council applied to extend an interim suspension order imposed on the respondent. The order had been made on 20 August 2008 and most recently extended by consent, but was due to expire on 19 February 2011. The respondent had been notified of the hearing by recorded delivery but did not attend or instruct representatives. The issue was whether the order should be extended for a further 12 months.

1. The application was made under article 31(8) of the Nursing and Midwifery Order for an extension of the interim suspension order.
2. The court accepted that the respondent had been sent copies of the claim form and details of the hearing by recorded delivery to her known address. The respondent did not appear.
3. There was no reason why the interim order should not continue. The court therefore extended it until 4 pm on 18 February 2012.
4. The respondent was given permission to apply to the court to vary or discharge the order, on three days’ written notice. There was no order as to costs.

First-instance application. The judgment records that the interim order had previously been extended by a consent order approved by Deputy Master Knapman on 22 January 2011.