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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 >> Nursing and Midwifery Council v Walker [2012] EWHC 2437 (Admin) (15 August 2012)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2012/2437.html
Cite as: [2012] EWHC 2437 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
||
B e f o r e :
____________________
| NURSING AND MIDWIFERY COUNCIL | Claimant | |
| v | ||
| WALKER | Defendant |
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The Defendant did not appear and was not represented
____________________
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- MRS JUSTICE DOBBS: The applicant, the NMC, seeks an extension of the interim suspension order made on 18th February 2011 under Article 31(8) of the Nursing and Midwifery Order 2001. An extension of 12 months is sought.
- The respondent came to the attention of the applicant on 7th October 2010 following a referral from Chailey Heritage Clinic Services, in respect of allegations of failure in the clinical care of a 10-year-old child in an emergency situation, which resulted in the death of the young boy. She was dismissed from her post following a disciplinary hearing.
- On 28th January 2011 the Panel of an Investigating Committee considered the case and decided that the allegation should be investigated further and evidence obtained. The file was not returned until 26th August, beyond the target day, due to problems in identifying relevant ambulance crew members. It was also decided that the case required further investigation, but this further investigation ran into problems when one of the important witnesses from whom a witness statement was required was on long-term sick leave. By the end of June the file was deemed fit to be considered by the Investigating Committee. There are six suggested charges, alleging failings of the treatment and procedure.
- Dependent on the decision of the Investigation Committee on 19th September there will be further procedural steps to take place. The NMC has a heavy work load of outstanding cases although it has been indicated that an increased number of hearings is taking place in order to deal with the backlog. The best estimate is that the case will be heard within the year.
- Since the imposition of the interim suspension order there have been regular interim order hearings. The respondent has had limited engagement with the NMC during the proceedings. Although she is represented by the Royal College of Nursing she has declined to attend the hearing.
- Notice of this application was served by the NMC on 16th July by recorded delivery and there have been no representations from the registrant.
- Having read all the papers, I am satisfied that the order as it stands is appropriate and is necessary for the protection of the public. The allegations are very serious as the concerns of the Committee set out. I am satisfied therefore that it is appropriate to extend this order for a further 12 months, despite the problems that there have been and delays that there have been in the investigation thereof.