Nursing And Midwifery Council, R (On the Application Of) v Haastrup

An interim regulatory order may be extended where the disciplinary process has not been completed and continuation is required for the protection of the public and in the public interest. A short further extension is appropriate where substantive findings have been made but impairment and sanction remain unresolved, particularly where the timetable may slip.

The Nursing and Midwifery Council applied to extend an interim order made on 6 April 2011 under Nursing and Midwifery Order 2001, Article 31. The order was due to expire on 5 October 2012. A substantive hearing had resulted in adverse findings of fact, but impairment and sanction remained to be determined at an adjourned hearing listed for 12 and 13 November 2012. The respondent did not attend or appear by representation. The issue was whether the interim order should be extended to allow completion of the process and accommodate possible timetable slippage.

1. The application was granted. The interim order was extended to 4.00 pm on 5 January 2013.
2. Under Article 31 of the Nursing and Midwifery Order 2001, an interim order may be continued where this is required for the protection of the public and in the public interest.
3. The disciplinary process had reached a reasonable stage, and adverse findings of fact had been made, but the issues of impairment and sanction remained outstanding. The process therefore had not reached completion.
4. A three-month extension was justified to provide room for possible slippage before the adjourned hearing. The court was satisfied on the evidence and submissions that continuation of the order was necessary on the statutory grounds.