Nursing and Midwifery Council v Midgley

When deciding whether to extend an interim order under article 31(8) of the Nursing and Midwifery Order 2001, the court must consider the gravity of the allegations, the seriousness of the risk of harm to patients, the reasons for delay, and the prejudice to the practitioner. The regulatory body bears the burden of satisfying the court. Where the practitioner’s prejudice is outweighed by the need to protect the public and uphold public confidence, an extension is justified.

The Nursing and Midwifery Council applied to extend an interim order made against a midwife following allegations that she had used medication while on duty, administered medication without a written prescription, failed to keep appropriate records, and failed to respond adequately to clinical warning signs. The substantive proceedings had been delayed and were awaiting a hearing. The respondent consented to continuation of the order but did not attend. The issue was whether the statutory power to extend the interim order should be exercised for a further three months.

1. The application was granted. The interim order was extended for three months from 29 November 2014, expiring on 28 February 2015.
2. Article 31(8) of the Nursing and Midwifery Order 2001 permits the court to extend or further extend an interim order for up to 12 months.
3. The relevant principles were those identified by the Court of Appeal in General Medical Council v Dr Stephen Chee Cheung Hiew [2007] EWCA Civ 369. Relevant factors included the gravity of the allegations, the seriousness of the risk and potential harm to patients, the reason why the substantive case had not concluded, and the prejudice caused to the practitioner by continuation of the order. The Council bore the burden of satisfying the court.
4. The allegations were serious because they involved a potential risk to patients from a midwife working under the influence of medication. The court recognised that continuation of the order could prevent the respondent from practising and thereby cause prejudice. That prejudice was nevertheless outweighed by the need to protect the public and uphold public confidence.