British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Nursing & Midwifery Council v Carla [2007] EWHC 833 (Admin) (28 March 2007)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2007/833.html
Cite as: [2007] EWHC 833 (Admin)
[New search] [Printable RTF version] [Help]
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand London WC2 |
||
B e f o r e :
____________________
| NURSING AND MIDWIFERY COUNCIL | Applicant | |
| -v- | ||
| BEATRICE CARLA | Respondent |
____________________
WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented
____________________
Crown Copyright ©
- MR JUSTICE BEATSON: This is an application by the Nursing and Midwifery Council for an extension of an interim suspension order made on 30th March 2006, pursuant to Article 31(8) of the Nursing and Midwifery Order 2001, against the respondent, Beatrice Carla, who is the subject of disciplinary proceedings by the Council and has been since June 2005.
- By Article 31(2) of the Order, the relevant practice committee can suspend a midwife or nurse for a period of up to 18 months. In this case the order was for 12 months. By Article 31(8), if the relevant practice committee wishes an order made under Article 31(2) to be extended, it must apply to the court to do so. The court is defined in Article 31(13) as meaning "the appropriate court" as defined in Article 38. Article 38, which deals with appeals, provides that an appeal from any order lies to the appropriate court; and by Article 38(4)(c), in the case of any person whose registered address is not in Scotland or Northern Ireland, it is the High Court of Justice in England and Wales.
- The grounds upon which the extension is sought are set out in a helpful skeleton argument prepared by the in-house legal team of the Council, and the relevant documents are supported in the witness statement of Claire McLoughlin made on 21st March and its exhibits, which I have considered.
- In short, the grounds upon which an extension is sought are that the hearing commenced and took place between 21st and 23rd March 2007 and is to resume and conclude between 9th and 11th May 2007. The suspension is sought because the order expires on 30th March and the extension is sought to enable the suspension to continue until the conclusion of the hearing.
- I am satisfied that this is an appropriate case for an extension. The respondent was notified. She has not attended. She stated that she did not oppose the application to extend the interim suspension order, but wished her position to be considered in the determination. I have taken account of her position as set out in a letter she wrote to Mr Styles of the Nursing and Midwifery Council on 17th February 2007. I make the order in the form which has been drawn up by Ms Mears and I will initial it.
- Thank you very much.