Nursing and Midwifery Council v Njie

An interim suspension order may be extended where the court concludes that continuation is in the public interest. The court will scrutinise delay in progressing the underlying disciplinary allegations. A further extension may be refused where the regulatory body has failed to bring the case to resolution.

The Nursing and Midwifery Council applied under section 31(8) of the Nursing and Midwifery Order 2001 to extend an interim suspension order imposed on the defendant. The order had been repeatedly reviewed and extended since 2008. The underlying allegations concerned dishonesty and false documents, but the disciplinary proceedings had been substantially delayed. The immediate application followed an adjournment of the substantive hearing. The central issue was whether a further extension was justified in the public interest.

1. The application under section 31(8) of the Nursing and Midwifery Order 2001 was granted. The interim suspension order was extended until 4.00 pm on 31 December 2012.
2. The court was concerned by the lengthy delay. The allegations dated back several years, and earlier courts had already expressed concern about the time taken to progress the matter. The Council’s panels had decided that there was a case to answer and that a hearing should take place, but the substantive proceedings had not been resolved.
3. The adjournment of the scheduled hearing appeared surprising in the circumstances. Nevertheless, the court took account of the material explaining the adjournment and concluded that continuation of the suspension remained in the public interest.
4. The court gave a clear warning that a further application might be refused if the Council returned because it had failed to bring the case to a resolution.

The judgment describes earlier extensions of the interim suspension order by judges of the Administrative Court, including extensions on 2 February 2010, 2 February 2011 and 3 November 2011. No citation for those decisions is stated.