Nursing and Midwifery Council v Bemamaisia

When considering an application to extend an interim suspension in professional disciplinary proceedings, the court must assess the period sought against the history and progress of the case. Serious allegations and witness difficulties do not automatically justify a lengthy extension. Where proceedings have already been delayed substantially, the court may grant only a shorter extension and warn that any further extension is unlikely.

The Nursing and Midwifery Council applied for a further eight-month extension of an interim suspension imposed on the respondent’s registration. The suspension had been made in November 2010 and renewed several times. The disciplinary proceedings concerned incidents from 2007 and 2008 and had been adjourned because of difficulties securing the attendance of a critical witness. The case was relisted for August 2012. The issue was whether the further period sought was justified in light of the history and delay.

1. Application granted in part. The court extended the interim suspension for four months, to 25 September 2012, rather than the eight months sought.
2. The court took account of the serious nature of the charges and the adjournment granted by the Conduct Committee to enable the Council to bring its witnesses before a panel. The Council was now aware of the potential attendance problem and had time to take the necessary steps.
3. The proceedings had already experienced considerable delays. The incidents dated from 2007 and 2008, and the court expressed concern about the unhappy history of the matter. In those circumstances, a further eight-month extension was unacceptable because the case had continued for long enough.
4. The Council was warned that it was highly unlikely that any further extension would be granted.