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
		31 October 2014

1. MR JUSTICE COBB: By application dated 23 October 2014, the Nursing and Midwifery Council ("the NMC") seeks an extension of an interim suspension order which was made some considerable time ago under article 31(8) of the Nursing and Midwifery Order 2001. The NMC seeks the extension for a period of nine months from 1 November 2014.
2. The application has been served on the respondent. She has not attended this hearing, nor has she submitted any written documentation in respect of the same. Shortly before coming into court this morning, I was handed a signed and dated consent form from the respondent registrant, which confirms that she has received the claim form dated 23 October 2014, informing her of the application to extend the interim order, and that that application will be considered by me today, on 31 October. She does not intend to attend the hearing. She does not intend to be represented. She does not oppose the application. She consents to the interim order for a period of nine months, and consents in fact to the application being dealt with without a hearing. Regrettably, that consent form arrived too late to achieve the vacating of today's hearing.
3. In summary, the registrant respondent has been subject to a lengthy investigation as one of a number of nurses alleged to have been involved in the mistreatment, neglect and deaths of a number of patients at the Brithdir nursing home; the police investigation is entitled Operation Jasmine. The respondent was employed as a registered nurse at that home for a period of time in 2004 and was at one time the acting manager. Under Article 31(2) of the Nursing and Midwifery Order, an order was made on 4 May 2011 for a period of 18 months suspending the respondent registrant from practice, and as earlier indicated in this short judgment, that interim suspension order has been continued by three separate orders of the High Court (last made on 25 October 2013) since that time. That last order is due to expire tomorrow, 1 November.
4. The investigation into the conduct of the respondent registrant is now at an important stage, given that the Conduct and Competence Committee of the applicant is currently in the middle of a substantive hearing of the complaints. That hearing has already taken a number of weeks, and it is regrettably but inevitably predicted that further time is required for the conclusion of that hearing, which is not now likely to come to an end until the late spring or early summer of next year.
5. In exercising my discretion in this respect, I have regard to the decision of General Medical Council v Dr Stephen Chee Cheung Hiew [2007] EWCA Civ 369, and have particular regard to the four matters which it is said should be referred to, or applied, in a case of this kind, including the gravity of the allegations, the seriousness of the risk of harm to patients, the reason why the case has not been concluded, and prejudice to the practitioner if an interim order is continued. The respondent registrant has indicated in terms that she does not intend to practise as a nurse hereafter. Accordingly, there can be little if any prejudice to her if the interim order is continued. Plainly, and in any event, the gravity of the allegations and the seriousness of the risk of harm to patients is of a significant magnitude in this particular case such as to justify the order which is sought.
6. It is a matter of concern to me that this process has been ongoing for a considerable period of time, now well over three years. I am at least reassured that it is in its final stages and propose to say no more than simply to confirm that I approve the consent order which has been submitted to me, and which will provide that the interim suspension will continue until 4 pm on 1 August 2015.

Thank you.

7. MR JEFFS: My Lord, I'm very grateful, thank you.
8. MR JUSTICE COBB: Thank you very much indeed. I'll hand back the papers, the draft order sits on the top, which I approve.

Thank you very much indeed.

9. MR JEFFS: Thank you, my Lord.