The Nursing and Midwifery Council v Sharp

An interim suspension order may be extended where the allegations are particularly serious, the regulator has taken reasonable steps to progress the case fairly and expeditiously, and continued suspension is justified to protect the public while the regulatory process is completed. Delay does not necessarily prevent an extension where it has resulted substantially from the registrant’s failure to engage or attend necessary medical appointments.

The Nursing and Midwifery Council applied under article 31.8 of the Nursing and Midwifery Order 2001 to extend an interim suspension order concerning a nurse accused of working with excessively high blood alcohol levels, collapsing and requiring hospital admission on one occasion.

The respondent had failed to engage with the regulatory process and had not submitted to necessary medical examinations. The central issue was whether the interim order should be prolonged despite significant delay.

1. The application was granted. The interim suspension order was extended until 4.00 pm on 15 May 2013.
2. Under article 31.8 of the Nursing and Midwifery Order 2001, continuation of an interim suspension order was justified where the seriousness of the allegations required protection of the public and the regulatory process was being pursued fairly and expeditiously.
3. The court was satisfied that the Council had taken reasonable steps to progress the matter. The case would be ready for a substantive hearing when the medical assessment report was received, or when reasonable avenues for obtaining it had been exhausted.
4. The significant delay did not prevent continuation of the order. It was due in large measure to the respondent’s periods of non-engagement and missed medical appointments, which had impeded the necessary assessment.
5. The respondent was permitted, on seven days’ written notice, to apply to vary or discharge the order. There was no order as to costs.