Nursing And Miwifery Council v Mosiakgabo

An interim suspension order may be extended where the regulatory investigation is ready for final hearing but the existing order will expire before that hearing. The court may grant a limited further extension to preserve the position until the final hearing, while allowing the respondent to apply to vary or discharge the order.

The Nursing and Midwifery Council applied to extend an interim suspension order concerning allegations relating to the well-being and safety of a patient. An order made under Article 31(2) of the Nursing and Midwifery Order had previously been extended by the court. The respondent had not participated in the investigation or attended the hearing, and the matter was listed for a final hearing before the existing extension expired.

The issue was whether a further four-month extension should be granted.

1. Extension granted. The interim suspension order was extended until 12 July 2011, enabling it to remain in force through the listed final hearing.
2. The original interim order had been made under Article 31(2) of the Nursing and Midwifery Order. It had already been extended once by the court, and the regulatory proceedings were ready for final hearing.
3. The respondent had been served with the relevant documents but had not attended or participated in the investigation. The final hearing was listed for 15 to 17 June 2011.
4. The respondent was given permission to apply to the court, on three days’ written notice to the applicant, to vary or discharge the order.
5. There was no order as to costs.