Nursing and Midwifery Council v Kirby

An interim suspension order may be extended where the extension remains necessary and proportionate to protect the public or otherwise serve the public interest. The court may take account of subsequent criminal convictions when assessing the seriousness of the allegations and the continuing need for suspension. The period sought must be justified by the anticipated regulatory proceedings.

The Nursing and Midwifery Council applied for a further six-month extension of an interim suspension order made against a nurse under Nursing and Midwifery Order 2001. The order had followed a police investigation into allegations concerning indecent images of children. The nurse was subsequently convicted at Plymouth Crown Court of 13 offences and sentenced to 12 months’ imprisonment. The regulatory investigation had been delayed pending the criminal investigation and prosecution. The defendant did not appear or make representations.

1. The application for a further six-month extension of the interim suspension order was granted under article 31(8) of the Nursing and Midwifery Order 2001.
2. The court considered that the allegations were very serious. Following the criminal convictions, the underlying conduct was no longer merely alleged. It was capable of causing serious harm to the public.
3. The continuation of the order was necessary for public protection and otherwise in the public interest. The requested period was required to cover the proceedings before the Conduct and Competence Committee following completion of the Investigation Committee’s consideration.
4. The order was proportionate to those aims, particularly in light of the respondent’s convictions. The extension was therefore appropriate for a further six months.