Nursing and Midwifery Council v Adams

The court may extend an interim suspension order where outstanding health investigations are delayed because the registrant has failed to make herself available for clinical examination. The order may be extended for a specified period, subject to permission for the registrant to apply to vary or discharge it.

The Nursing and Midwifery Council applied under article 31(8) of the Nursing and Midwifery Order to extend an interim suspension order imposed on the respondent. The application arose from allegations including the taking of dihydrocodeine from a drug trolley, unresolved health concerns, and separate police involvement. The Council had been unable to complete its investigations because the respondent had repeatedly failed to attend clinical examination. The respondent had been served but did not attend the hearing.

1. The application was granted. The interim suspension order was extended until 4 pm on 18 February 2012.
2. The respondent's failure to make herself available for clinical examination had prevented the Council from completing its investigation into health issues before deciding whether to make a misconduct referral. In those circumstances, an extension under article 31(8) of the Nursing and Midwifery Order was justified.
3. The respondent was given permission to apply within three days of notice to the Council for an order varying or discharging the extension.
4. There was no order as to costs.

Not an appeal. The judgment records no prior appellate decision.