Nursing and Midwifery Council v Oyenuga

Under article 31(8) of the Nursing and Midwifery Order 2001, an interim suspension order may be extended where this is necessary to protect the public or otherwise in the public interest. Serious charges having been proved, and the sanction hearing remaining outstanding, continuation of the suspension may be appropriate to allow that hearing to take place and to protect the public in the meantime.

The Nursing and Midwifery Council applied for a further four-month extension of an interim suspension order made against the defendant on 23 February 2011. The Conduct and Competence Committee had found all outstanding charges proved after a three-day hearing, but had been unable to determine sanction. The defendant had notice of the application but did not respond or appear. The central issue was whether the suspension should continue pending the sanction hearing.

1. The application was granted. The interim suspension order was extended for a further four months under article 31(8) of the Nursing and Midwifery Order 2001.
2. The Conduct and Competence Committee had found all the charges proved. The charges were serious and concerned a wide range of nursing practice.
3. The outstanding sanction hearing was expected to take place in September or November. Extension of the order was therefore required to preserve public protection until the Committee determined the appropriate sanction.
4. The court was satisfied, having considered the papers, that continuation of the order was appropriate for the protection of the public and otherwise in the public interest.

The judgment describes an earlier interim suspension order made on 23 February 2011 and subsequent reviews, including a review in April 2012. The application for a further extension was determined by the High Court (Administrative Court).