Nursing And Midwifery Council v Faulds

An interim suspension order may be extended where the allegations are serious and would call the practitioner’s fitness to practise into question, and continuation of the proceedings is in the public interest. The court should also consider whether the case has progressed with reasonable expedition and whether the projected timetable is reasonable and acceptable.

The Nursing and Midwifery Council applied to extend an interim suspension order imposed on the respondent on 2 March 2011. The order was due to expire on 1 September 2012. The application sought continuation until 1 March 2013. The respondent did not attend and was not represented. The central issue was whether the order should be extended in light of the seriousness of the allegations, the public interest and the progress and projected timetable of the proceedings.

1. The application was granted. The interim suspension order was extended until 1 March 2013.
2. The court had considered the Council’s skeleton argument, witness statement and exhibits. The case had been moving with reasonable expedition, and its forward projection was reasonable and acceptable.
3. The factual allegations were serious and would obviously call the respondent’s fitness to practise into question. In those circumstances, continuation of the interim suspension was in the public interest.
4. It was unnecessary to recite the factual allegations in public. The court therefore made the extension order accordingly.

Not applicable. The judgment concerned a first-instance application to extend an interim suspension order.