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
		26 November 2014

1. SIR STEPHEN SILBER: The Nursing and Midwifery Council ("The Council") makes an application under article 31(8) of the Nursing and Midwifery Order ("the Order") for a 10-month extension of an interim order imposed upon the respondent Adeola Yemi Ademiluyi, ("the respondent"), suspending her registration as a nurse.
2. The respondent was employed as a registered nurse by NHS professionals in Watford as a bank nurse from September 2006. During an internal investigation into an alleged clinical issue, the recruitment file of the respondent was reviewed by her employers and an apparent false passport, National Insurance number, and bank certificate were discovered. These documents had been submitted when by respondent she applied for her job. Subsequent enquiries with the UK Border Agency revealed that the respondent had been refused leave to remain in the United Kingdom and had overstayed since 8 October 2005, but she never had permission to work in the United Kingdom.
3. The respondent was subsequently charged with possession of false identity documents and fraud, and she was bailed, and she had been due to stand trial at St Albans Crown Court, starting last Monday.
4. The background to the application for the interim order is that under article 31(2) of the Order, a Practice Committee can make an interim order where it is satisfied that such an order is necessary for the protection of members of the public or otherwise in the public interest or in the interest of the person concerned. The respondent's case first came before a panel of the Investigating Committee on 31 May 2012, and an interim suspension order was made for a period of 18 months.
5. The interim order has been reviewed on eight occasions, with the last occasion being on 20 August 2014, and is due to expire on 30 November of this year. The investigation is on hold while the criminal trial proceeds, and the case remains with the Investigating Committee. There is jurisdiction under article 31(8) of the Order to extend or further extend up to 12 months the period for which an order has effect.
6. It is clear from a judgment concerning the similar regulatory regime of the General Medical Council in General Medical Council v Dr Stephen Chee Cheung Hiew [2007] EWCA Civ 369 that when a disciplinary body is considering granting an extension, the factors to take into account are the gravity of the allegations, the seriousness of risk and harm to the patients, the reason why the case has not been concluded, and the prejudice to the practitioner if an interim order is continued.
7. In this case, the application of those principles shows that the respondent faces a serious criminal charge with a strong element of dishonesty. If convicted, she was likely to receive a deterrent sentence of imprisonment. Honesty is a key requirement for a registered nurse, and dishonesty undermines the whole basis upon which a nurse can work. There is also a risk to the public if the respondent, who has never had permission to work in the United Kingdom, and indeed may not be a qualified nurse, is allowed to practise unrestricted. There are many good reasons why this is an appropriate case to continue the order. I gather that the documents were served by recorded delivery and first class post on the respondent on 3 November 2014. As I understand it, no response has been received.The documents sent by recorded delivery and first class post have both been returned to the applicant council marked "gone away".
8. It is accepted by the Council that the imposition of an interim order has a potential to cause prejudice by restricting the nurse's ability to work, but in this case it is said that the prejudice is minimal as she is not permitted to work in the United Kingdom.
9. I therefore extend the order for a period of 10 months, from 30 November 2014, so that it will now expire on 29 September 2015. I ought to make it very clear that if proceedings have not been furthered or finished by that stage, it will be incumbent on the Nursing and Midwifery Council to have a good reason why that has not occurred.