Nursing and Midwifery Council v Girdlestone

An interim suspension order may be extended where the court is satisfied that continued suspension remains necessary to protect the public or is otherwise in the public interest. The respondent must receive notice of the application and the supporting material. The court may extend the order for a defined period and preserve the respondent’s ability to seek variation or discharge.

The Nursing and Midwifery Council applied to extend an interim suspension order concerning Sean Paul Girdlestone. The order had originally been made on 11 March 2011 under article 31(8) of the Nursing and Midwifery Order 2001, following an interim conditions of practice order. The application sought a further period of twelve months from 10 September 2012. The issue was whether continued suspension remained necessary for public protection or was otherwise in the public interest.

1. The application was granted. The interim suspension order was extended until 4pm on 10 July 2013 under article 31(8) of the Nursing and Midwifery Order 2001.
2. Having considered the witness statement of the Council’s case officer, the exhibits and the submissions of both parties, the court was satisfied that the extension remained necessary to protect the public and was otherwise in the public interest.
3. The respondent had been given notice of the application and the supporting documentation. He retained permission, on giving three days’ written notice to the Council, to apply to vary or discharge the order.
4. There was no order for costs.