Nursing and Midwifery Council v Okeke

When deciding whether to extend an interim regulatory suspension order, the court must assess the statutory criteria and balance the relevant competing interests. Relevant considerations include the gravity of the allegations, the seriousness and risk of harm to patients, the reasons for delay, and prejudice to the practitioner. An extension is justified where it remains necessary for public protection and the public interest, and the public interest in patient safety and confidence in the profession outweighs the practitioner’s prejudice.

The Nursing and Midwifery Council applied under article 31(8) of the Nursing and Midwifery Order 2001 to extend an interim order suspending the respondent’s registration as a nurse.

The respondent had been referred for investigation following concerns about her mental health. The substantive proceedings had begun but could not be completed within the available hearing time. The Council sought a further four-month extension. The respondent had been served but did not attend and was not represented.

The central issue was whether the statutory criteria for extending the interim order remained satisfied.

1. Application granted. The interim order suspending the respondent’s registration was extended for four months, until 16 December 2015.
2. In considering an extension under article 31(8) of the Nursing and Midwifery Order 2001, the court must consider the relevant statutory criteria and the circumstances of the case. Relevant factors include the gravity of the allegations, the seriousness of the potential harm, the risk of harm to patients, the reasons why the case has not concluded, and prejudice to the practitioner. The court applied the guidance in GMC v Stephen Chee Cheung Hiew [2007] EWCA Civ 369.
3. The material indicated that the respondent’s apparent health difficulties could seriously compromise patient safety, particularly when working with vulnerable patients. The delay was explained by the inability to complete a commenced hearing within one day, and it was realistically anticipated that the matter could conclude during the extension.
4. Although continuation would prejudice the respondent by preventing her from practising, that prejudice was outweighed by the public interest in patient safety and maintaining public confidence in the nursing profession. The interim order therefore remained necessary for public protection and was otherwise in the public interest.