Nursing and Midwifery Council v Bentum

An interim regulatory order may be extended where unforeseen developments prevent the substantive disciplinary hearing from proceeding and a short further extension is necessary to enable a rescheduled hearing to take place. A previous indication that further extensions would rarely be granted remains relevant, but does not prevent an extension in exceptional circumstances arising after that indication.

The Nursing and Midwifery Council applied for a further extension of an interim order concerning the defendant’s registration. The order had initially been imposed for 18 months and was later extended by Mr Justice Sales for eight months, until 23 February 2012. A substantive disciplinary hearing listed for December 2011 could not proceed because representations raised concerns about the defendant’s mental health. The hearing was adjourned to April and May 2012. The issue was whether the interim order should be extended for a further six months despite the earlier indication that any further application was unlikely to receive a favourable response.

1. The application was granted. The interim order was extended for six months from 23 February 2012.
2. The earlier extension had been granted in circumstances where Mr Justice Sales was unaware of the difficulty that subsequently prevented the substantive hearing from proceeding. His indication that a further extension would ordinarily be unlikely to receive a favourable response therefore did not determine the present application.
3. The court treated the interruption of the disciplinary process as an unforeseen development. Representations made shortly before and during the December hearing called into question the defendant’s physical and, particularly, mental health. The Council reasonably adjourned the disciplinary hearing to obtain better information about his condition and prognosis.
4. In those particular circumstances, a further extension was justified to enable the rescheduled hearing, beginning on 30 April 2012, to take place and be effective. The court nevertheless expressed the hope that no further extension application would be necessary.

The judgment describes earlier procedural steps in the same matter:

• High Court: Mr Justice Sales extended the interim order for eight months following an application made on 17 June 2011, to 23 February 2012.
• High Court (Administrative Court): the present court granted a further six-month extension from 23 February 2012.