The Nursing and Midwifery Council, R (on the application of) v Overton

The court may extend an interim suspension order where the evidence shows a continuing risk to the public and the extension is reasonably required to allow pending regulatory proceedings to reach a scheduled hearing. Serious allegations, witness-availability difficulties, and the fact that this was the first extension supported the conclusion that further suspension was justified.

The Nursing and Midwifery Council applied for a six-month extension of an interim suspension order made under article 31(8) of the Nursing and Midwifery Order 2001. The order was due to expire on 3 August 2012, while a five-day hearing was listed for September 2012. The application was prompted by difficulties interviewing a number of witnesses. The respondent did not appear and had not engaged in the ongoing process. The central issue was whether an extension to 2 February 2013 was justified.

1. The application was granted. The interim suspension order made on 4 February 2011 was extended for six months, to 2 February 2013.
2. Under article 31(8) of the Nursing and Midwifery Order 2001, an extension was justified where the circumstances demonstrated a manifest ongoing risk to the public and further time was reasonably needed before the scheduled hearing.
3. The court took into account the serious nature of the complaints, the number of witnesses still to be interviewed and the unavailability of some witnesses. It also noted that this was the first extension sought by the Council.
4. The respondent’s failure to engage in the process, and the Royal College of Nursing’s having come off the record, formed part of the procedural context. The extension was intended in part to provide headroom for the hearing and avoid the existing order expiring before the proceedings could be determined.