Health And Care Professions Council v Holland

An interim conditions of practice order may be extended for a period sufficient to cover the reasonably anticipated conclusion of the substantive disciplinary proceedings. The period should be proportionate to the procedural timetable. A substantially longer extension requires a proper explanation of why it is reasonably necessary.

The Health and Care Professions Council applied to extend an interim conditions of practice order concerning disciplinary proceedings against Theresa Anne Holland. A substantive hearing had been fixed for 27 to 30 October 2014. The Council sought a 12-month extension, but no explanation was provided for the length of that period in circumstances where the hearing and decision were expected to conclude by 30 October 2014.

1. The application to extend the interim conditions of practice order was granted.
2. Given that the substantive hearing had been fixed and was expected to conclude, with the decision announced, by 30 October 2014, an extension beyond the anticipated conclusion of the proceedings was appropriate.
3. A three-month period from 19 October 2014 was proportionate and wholly appropriate. The longer period sought by the Council was unsupported by any explanation of why it was reasonably necessary.
4. The order was therefore extended until 19 January 2015.