Nursing and Midwifery Council v Shabalala

The court may extend an interim suspension order where procedural difficulties have prevented the relevant professional disciplinary proceedings from being completed within the existing period. The extension must be justified by the circumstances and limited to an appropriate further period.

The Nursing and Midwifery Council applied to extend an interim suspension order imposed on the respondent on 16 September 2010. The order had previously been extended for six months from 9 March 2012 and was due to expire on 14 September 2012. Difficulties in reassembling a Conduct and Competence Committee had prevented completion of the proceedings. The respondent did not attend or make representations.

1. The application was granted. The court was satisfied that a further extension of the interim suspension order was appropriate.
2. The relevant disciplinary proceedings had not been completed because of difficulties in reassembling the Conduct and Competence Committee. Those circumstances justified extending the order beyond its existing expiry date.
3. The extension was limited to four months. The court therefore ordered a further four-month extension of the interim suspension order.