Nursing and Midwifery Council v Lastauskas

The court may extend an interim suspension order where the evidence shows that continuation remains necessary to protect the public or is otherwise in the public interest. The respondent must be given notice of the application and may be permitted to apply subsequently for the order to be varied or discharged.

The Nursing and Midwifery Council applied under article 31(8) of the Nursing and Midwifery Order 2001 to extend an interim suspension order previously made on 14 September 2011. The respondent had been informed of the application but was neither present nor represented. The court considered written evidence from the Council’s case officer and decided whether the suspension should continue.

1. The application was granted. The interim suspension order was extended under article 31(8) of the Nursing and Midwifery Order 2001 until 4 pm on 12 January 2013.
2. Having considered the witness statement and exhibits, the court was satisfied that continuation of the order remained necessary to protect the public and was otherwise in the public interest.
3. The respondent was permitted, on giving three days’ written notice to the Council, to apply to vary or discharge the order.
4. There was no order for costs.