Nursing and Midwifery Council v Fitzgerald

An interim suspension order may be extended where the court is satisfied that continuation is necessary for the protection of the public and is otherwise in the public interest. The court may impose a further specified period and preserve the respondent’s ability to seek variation or discharge on written notice.

The Nursing and Midwifery Council applied to extend an interim suspension order made against Wendy Fitzgerald under article 31(8) of the Nursing and Midwifery Order 2001. The respondent had notice of the application but did not attend or obtain representation. The court considered the evidence of the case officer responsible for the fitness to practise proceedings and the supporting exhibits.

1. The application for an extension of the interim suspension order was granted.
2. Having considered the witness statement of the case officer and the exhibits, the court was satisfied that the order remained necessary for the protection of the public and was otherwise in the public interest.
3. The order made on 8 March 2011 under article 31(8) of the Nursing and Midwifery Order 2001 was extended until 4 pm on 6 January 2013.
4. The respondent was permitted, on giving three days’ written notice to the applicant, to apply to vary or discharge the order. There was no order for costs.