Nursing & Midwifery Council, R (on the application of) v Steadman

In a professional disciplinary matter, the court may extend an interim order where the delay is principally historical, the respondent has not attended listed hearings, a hearing is imminent, and the public interest requires the proceedings to continue. The court should make an order for no longer than is just in the circumstances. Serious allegations concerning the theft of drugs by a nurse justified a further three-month extension, albeit with hesitation because the case had already continued for several years.

The Nursing and Midwifery Council sought a further extension of an interim order in disciplinary proceedings concerning allegations that a nurse had stolen drugs. The proceedings had continued for several years, and the respondent had not appeared when the matter was listed for hearing. The committee had therefore been concerned not to proceed in her absence. A hearing had since been listed for 30 April 2012. The Administrative Court considered whether the interim order should be continued and for what period.

1. The application was granted, with hesitation, because the case had been ongoing for several years. The court treated the fact that the delay was substantially historical as material.
2. The respondent had not appeared when the case had been listed for hearing, and the committee had been concerned not to hear the case in her absence. This explained the more recent continuation of the matter.
3. The allegations were serious, involving the theft of drugs by a nurse. The public interest required the application to be granted.
4. Because a hearing had been listed for 30 April 2012, the just order was to continue the interim order for a further three months.

The extension was granted. No order as to costs was sought.

Not stated in the judgment.