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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 Puckering [2014] EWHC 3783 (Admin) (04 November 2014)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2014/3783.html
Cite as: [2014] EWHC 3783 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
||
B e f o r e :
(Sitting as a Deputy High Court Judge)
____________________
| NURSING AND MIDWIFERY COUNCIL | Applicant | |
| v | ||
| PUCKERING | Respondent |
____________________
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(Official Shorthand Writers to the Court)
The Respondent did not attend and was not represented
____________________
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- THE DEPUTY JUDGE: I make the order applied for in this case under Article 31.9 of the Nursing and Midwifery Order 2001. I extend for the period of 3 months, that is, until 4pm on 4 February 2015, the interim order suspending the registration as a nurse of Yvonne Puckering.
- I am satisfied that the interim order remains necessary to protect the public, is otherwise in the public interest and is in the respondent's own interest.
- I am satisfied having seen the certificate of service that the respondent has been served with this application and its supporting papers, and has not objected to the extension of the interim order and does not appear today.
- I have read the medical report of Dr Moussa, consultant psychiatrist, and whilst he concludes that there is no current evidence of mental health problems, he has also concluded that the appropriate diagnosis is one of recurrent depressive disorder, with a risk of developing depressive symptoms again if the respondent is exposed to stresses in the future.
- The allegations of intimidating behaviour towards colleagues and threats to kill herself while at work justify the extension of the interim order.
- The substantive case is now scheduled for 12 November 2014, but I am told that there is a possibility it may not be concluded on that date, which is why the 3 month extension is sought, and why I am satisfied that a 3 month extension should be granted.
- It is not in the public's interests, nor in the interests of the respondent, for her to resume completely unrestricted nursing practice until such time as the Health Committee of the Council has fully adjudicated on this matter which it will have the opportunity to do, either next week on 12 November, or certainly within the 3 months for which I grant the extension.
- Such delay as there has been (since the last extension of the interim order on 1 May of this year) was because of the delay was in receiving the respondent's consent to the medical examination by Dr Moussa and was therefore beyond the applicant's control and is fully explained.
- The risk of any relapse outweighs any potential prejudice to the respondent as a result of the extension, and I make the order accordingly.
- MR KEWLEY: My Lord, I am grateful. I have passed through a draft Order.
- THE DEPUTY JUDGE: Yes, I saw that, thank you very much indeed. I just need to fill in the date of 4th February 2015.
- MR KEWLEY: Yes, my Lord.
- THE DEPUTY JUDGE: There is no application for costs, obviously, in the circumstances.
- MR KEWLEY: No.
- THE DEPUTY JUDGE: Thank you.