Nursing and Midwifery Council v Halpin

An interim suspension order may be extended where, applying the governing principles, continuation remains appropriate. The court should select a proportionate period for the extension. The absence of evidence that the respondent is being prevented from pursuing her career or suffering financial or other hardship supports the proportionality of the order and its duration.

The Nursing and Midwifery Council applied for an extension of an interim order suspending the respondent from registration as a nurse. The original application sought a further 12 months, but the Council amended it to seek eight months. The respondent did not attend and was not represented. The court considered whether the interim order should be extended and, if so, for what period.

1. The application was granted. Applying the principles set out in General Medical Council v Hiew [2007] EWCA Civ 369, the court was satisfied that extension of the interim suspension order was appropriate.
2. The appropriate period was eight months rather than the 12 months originally sought. The court took account of the absence of evidence that the respondent was prevented from pursuing her chosen career or suffered financial or other hardship.
3. The interim order was extended until 4 pm on 17 July 2015. The respondent was given permission, on three days’ written notice to the Council, to apply to vary or discharge the order. There was no order as to costs.

Not stated in the judgment.