Nursing and Midwifery Council v Harrison

Before extending an interim conditions of practice order, the court must be satisfied that the extension is necessary for the protection of members of the public, is otherwise in the public interest, or is in the interests of the person concerned. The court should consider the gravity of the allegations, the risk of harm, the reasons for delay and any prejudice to the respondent. An extension may be granted beyond the anticipated hearing date where proceedings may slip and the order will not continue beyond the hearing unless final resolution has not been reached.

The Nursing and Midwifery Council applied for a three-month extension of an interim conditions of practice order concerning Amanda Jane Harrison. The allegations covered an eight-year period and the substantive hearing was listed for February. Mrs Harrison consented to the application, did not attend and identified no prejudice. The central issue was whether the statutory test for extending the interim order was satisfied.

1. The application was granted. The interim conditions of practice order was extended for three months.
2. Under article 31(8) of the 2001 Order, an extension could be granted only if the court was satisfied that it was necessary for the protection of members of the public, otherwise in the public interest, or in the interests of the person concerned. The court was so satisfied, having regard in particular to the seriousness of the allegations and the risk of harm to patients.
3. The court also considered the reasons why the proceedings had not concluded. The allegations spanned eight years and the investigation had necessarily been complex. The fact that the substantive hearing was listed for February did not prevent an extension for three months, since proceedings could slip.
4. The order was the least restrictive form of interim order available to the relevant panels. There was no identified prejudice to Mrs Harrison, who did not oppose the application. The extension would continue beyond the scheduled hearing only if that hearing did not take place or had not reached final resolution.