England and Wales High Court (Administrative Court) Decisions

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

		Royal Courts of Justice Strand London WC2A 2LL
		24 April 2013

1. MRS JUSTICE COX: The Nursing and Midwifery Council is applying under Article 31(8) of the Nursing and Midwifery Order 2001 for an interim order imposed on the Respondent suspending her registration as a nurse to be extended for 3 months as from 25 April.
2. The Respondent was a newly qualified nurse employed by Coventry University Hospital. The allegations concern her unauthorised administering of medicines without supervision and her alleged dishonesty in seeking to conceal her conduct. The investigating committee being satisfied as to the necessity to protect the public or otherwise act in the public interest made an interim suspension order for 18 months on 26 October 2011. The order has since been reviewed on three occasions, most recently on 15 January 2013, and is due to expire on 25 April, i.e. tomorrow. The substantive hearing of the allegations has been scheduled to take place between 22 and 25 April this week.
3. The history of the matter is set out in the statement of the case officer, Miss Bird, which I have read, and she sets out the chronology concerning the progress of the case to this stage.
4. In considering this application I have had regard to the facts as set out by the Court of Appeal in the case of General Medical Council v Hiew [2007] EWCA Civ 369, including the seriousness of the allegations and of the risk of harm to patients, as well as the reasons for delay and any prejudice to the Respondent if the extension is granted. The Respondent has not responded to this application, which was served together with supporting documents on 3 April 2013. She has not appeared today, no doubt because she is attending her hearing. The delays in progressing the matter are regrettable but the allegations in this case are serious, the hearing is underway, and it is hoped that the case will conclude by 25 April. However, if due to time pressure or unforeseen circumstances it does not conclude and goes part heard, which seems likely on the information in the papers before me, I shall grant the extension sought. It seems to me to be necessary in the public interest so to order.
5. The terms of the order therefore are that the interim order will be extended to 4.00 pm on 24 July 2013 and the Respondent has permission on 3 days' written notice to the Applicant to apply to the court to vary this order. In the circumstances there will be no order as to costs.
6. Thank you very much, Mr Moloney.