Nursing and Midwifery Council v Donga

Under article 31(8) of the Nursing and Midwifery Order 2001, the court may extend an interim suspension order where continuation is necessary to protect the public or is otherwise in the public interest. The court should consider the circumstances of the case, the progress and anticipated conclusion of the regulatory proceedings, and the risks created by allowing the order to expire. An extension is justified where there remains a risk of patient harm or of undermining public confidence in the regulatory process.

The Nursing and Midwifery Council sought a further six-month extension of an interim suspension order imposed by its Practice Committee against a registered nurse. The order had been made after allegations that the respondent was working illegally, using counterfeit documents, and possibly obtaining nursing qualifications on a false basis. The respondent had disappeared and did not attend or engage with the application. The issue was whether continuation of the interim order was necessary for public protection or otherwise in the public interest under article 31(8) of the Nursing and Midwifery Order 2001.

1. The application was granted. The interim suspension order was extended for six months, until 4pm on 29 March 2013.
2. In considering an application to extend an interim order under article 31(8) of the Nursing and Midwifery Order 2001, the court had regard to the guidance in General Medical Council v Hiew [2007] EWCA Civ 369.
3. The relevant assessment was whether continuation of the order was necessary to protect the public or otherwise in the public interest. The court considered the serious allegations, the uncertainty surrounding the respondent’s identity and qualifications, the respondent’s disappearance, the progress of the proceedings, and the expectation that the case would conclude within the extended period.
4. Without an extension, there remained a risk of patient harm and a danger that public confidence in the regulatory process would be undermined. Those considerations justified continuation of the suspension.