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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 Health and Care Professions Council, R (on the application of) v Mitchell [2014] EWHC 4432 (Admin) (18 December 2014)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2014/4432.html
Cite as: [2014] EWHC 4432 (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)
____________________
| THE QUEEN ON THE APPLICATION OF THE HEALTH AND CARE PROFESSIONS COUNCIL | Claimant | |
| v | ||
| MITCHELL | Defendant |
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The Defendant did not appear and was not represented
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- THE DEPUTY JUDGE: This is an application by the Health and Care Professions Council under article 31 of the Health and Social Works Professions Order for an extension for a period of 12 months from January 5 2015 of the interim suspension order made against Mr William Mitchell by the Council's Investigating Committee on July 5 2013 on the ground that the extension is necessary for the protection of members the public and it is otherwise in the public interest. It is not opposed by Mr Mitchell.
- The relevant principles in this type of case are set out by the Court of Appeal in the case of the General Medical Council v Dr Stephen Chee Cheung Hiew [2007] EWCA Civ 369, [2007] 1WLR 2007, at [31] to [33].
- The Respondent is a registered paramedic who was employed by the North East Ambulance Service NHS Foundation Trust. He referred himself to the Council as he had been suspended for inappropriate behaviour. He subsequently resigned but the Trust's Disciplinary Committee found that he would have been summarily dismissed for gross misconduct in any event had he not done so. He subsequently pleaded guilty to misconduct in public office but his conviction was quashed on the ground that, when acting as a paramedic, he was not acting as a public officer. The CPS subsequently decided in July 2014 not to prosecute even though it was clear to the CPS that there had been sexually inappropriate activity by him in the rear of the ambulance.
- The Council intends to proceed with the charge of misconduct based on that incident. I have been told today by Mr Catsambis that they have been ready to do so since 3 September of this year.
- I am persuaded that an extension is justified in the circumstances, given the Council's need to wait until the CPS have reached a conclusion about the criminal proceedings. However, I am not persuaded that an extension of 12 months until January 2016 is justifiable, even though Mr Mitchell may not oppose it. In my judgment, the case having been ready to proceed since September 3, it should be perfectly feasible for a regulator such as the Council to organise such a hearing far sooner than January 2016. I intend therefore to grant an extension until June 31 2015. If the matter cannot proceed and be determined by that stage, then the Council have to come back and justify a further extension. It is not acceptable for regulatory proceedings to be conducted in a dilatory manner and that is why it is this court's function to determine what extension of interim measures can be justified.
- MR CATSAMBIS: My Lord, I am grateful. My Lord, I have a consent order which has been updated to reflect --
- THE DEPUTY JUDGE: It may not have been done by consent at this point.
- MR CATSAMBIS: If that is adequate for your purposes.
- THE DEPUTY JUDGE: Yes.