Nursing and Midwidfery Council, R (on the application of) v Boulton

An interim suspension order may be extended where the court is satisfied that the extension is necessary for the protection of the public and is otherwise in the public interest. An extension may be granted for a further defined period, subject to the statutory framework governing the order.

The Nursing and Midwifery Council applied to extend an interim suspension order made on 26 July 2010 under article 31.8 of the Nursing and Midwifery Order 2001. The defendant did not appear. The application sought a further six-month period from 24 July 2012.

1. The application to extend the interim suspension order was granted.
2. Under article 31.8 of the Nursing and Midwifery Order 2001, the relevant question was whether continuation of the order was necessary for the protection of the public and otherwise in the public interest.
3. Having considered the supporting witness statement and the claimant’s submissions, the court was entirely satisfied that the extension was necessary for those purposes.
4. The suspension order was extended for six months, until 23 January 2013.

This was a first-instance application. The judgment records that an interim order had previously been made on 26 July 2010.