Nursing & Midwifery Council v Joseph

An interim suspension order may be extended under article 31(8) of the Nursing & Midwifery Order 2001 where the evidence establishes that continuation is necessary for the protection of members of the public or otherwise in the public interest. The court must remain satisfied of that necessity when granting the extension, including where the respondent consents.

The Nursing & Midwifery Council applied under article 31(8) of the Nursing & Midwifery Order 2001 to extend an interim suspension order imposed by the Council’s Investigating Committee on 16 May 2016 under article 31(2). The respondent was not present or represented, but a consent order had been signed by a representative of the Royal College of Nursing said to act for her. The issue was whether a further extension was necessary for public protection or otherwise in the public interest.

1. The application was granted. Under article 31(8) of the Nursing & Midwifery Order 2001, the court was satisfied on the evidence that continuation of the interim suspension order was necessary for the protection of members of the public or otherwise in the public interest.
2. The interim suspension order imposed on 16 May 2016 pursuant to article 31(2) was extended for four months from its current expiry date, until 4.00 pm on 14 March 2018.
3. 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.