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England and Wales High Court (Administrative Court) Decisions

You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> The Nursing and Midwifery Council, R (on the application of) v Overton [2012] EWHC 2378 (Admin) (25 July 2012)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2012/2378.html
Cite as: [2012] EWHC 2378 (Admin)
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Neutral Citation Number: [2012] EWHC 2378 (Admin)
Case No. CO/7096/2012

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

Royal Courts of Justice
Strand
London WC2A 2LL
25 July 2012

B e f o r e :

MR JUSTICE HADDON-CAVE
____________________

Between:
THE QUEEN ON THE APPLICATION OF
THE NURSING AND MIDWIFERY COUNCIL Claimant
v
OVERTON Defendant

____________________

(Transcript of the Handed Down Judgment of
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____________________

Miss Tessa Nejranowski (instructed by the Nursing and Midwifery Council) appeared on behalf of the Claimant
The Defendant did not appear.
____________________

HTML VERSION OF JUDGMENT
 ____________________

Crown Copyright ©

  1. MR JUSTICE HADDON-CAVE: The applicant in this matter, the Nursing and Midwifery Council, seek an extension of an interim suspension order made on 4 February 2011 under article 31(8) of the Nursing and Midwifery Order 2001. The NMC seek an extension for a period of 6 months from 3 August 2012 to take this matter beyond the currently scheduled hearing which is set down for 5 days in September 2012. The current interim suspension order is due to expire on 3 August 2012.

  2. Before me this morning, Miss Tessa Nejranowski in her helpful and succinct submissions has explained that the reason that the extension is sought is because there have been quite a number of witnesses to be interviewed, some of whom have not been available, and that this is the first extension sought by the NMC in this matter.

  3. I have considered the documents in this case and in particular the letter from the Royal College of Nursing to Sarah Louise Overton, the respondent to this case, dated 21 June 2012, in which the Royal College of Nursing indicated to the respondent that it has come off the record. It appears that the respondent has not been engaged in the process which is ongoing. Having regard to the above matters and the serious nature of the complaints in respect of the respondent, it seems to me that there is a manifest ongoing risk to the public and an extension of time is justified.

  4. In those circumstances, I grant the order as asked, namely that the interim suspension order made on 4 February 2011 is extended for a period of 6 months...

  5. MISS NEJRANOWSKI: My Lord, I have taken it to 2 February and I do have a draft order.

  6. MR JUSTICE HADDON-CAVE: Good. I do not have a copy of that. Can you hand it up and I will have a look at it.

  7. MISS NEJRANOWSKI: I can. My Lord I omitted to address you in relation to service and I hand up a certificate of service as well.

  8. MR JUSTICE HADDON-CAVE: Thank you. The purpose of the extension is in part to give some headroom for the hearing and hopefully there will not be any slippage.

  9. MISS NEJRANOWSKI: My Lord, I am hopeful of that too.

  10. MR JUSTICE HADDON-CAVE: Thank you very much indeed.

  11. MISS NEJRANOWSKI: I am grateful.

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