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
		27 April 2016

MR JUSTICE COLLINS: 1. This is in form an appeal against the decision of a Tribunal of the Nursing and Midwifery Council in which a Conditions of Practice order had originally been imposed in July 2013.

1. Potentially, the case against the appellant was that she had failed to keep adequate records in dealing with vulnerable children which was her task at the relevant time. There was an allegation of dishonesty but that was rejected. The conditions included requirements to undertake relevant training before she could resume her activities as a health visitor, which it is what she said she wanted to resume.
2. The problem from her point of view is that she has failed to attend subsequent hearings of the Tribunal when the question of whether the conditions should be extended were dealt with; she has failed to attend before me; and further, she had an application before Lang J back in 2014 when she again requested an adjournment of the hearing. That was an appeal against the Regional Division's decision on the conditions.
3. There is due to be held, as it happens, on Friday, a further hearing before the Tribunal to consider whether there should be an extension of the conditions or any variation of them. In those circumstances, it is difficult to see that there is any conceivable purpose in this appeal since it will be overtaken by the decision of the Tribunal to be held on Friday.
4. The appellant has failed to attend today. Apparently, she had indicated yesterday that she was going to attend but an e-mail has been received in which she says she will not. It confirms she will not be attending court and has tried to obtain suitable representation but she feels it would be unequal if she were to try and present her position. She says she would like this matter to be adjourned to a date when her counsel would be available. She wanted to bring her suspension to an end and she wanted the conditions of practice to be amended to enable her to attend a 'Return to Practice' course. In fact, the conditions do contain a requirement to attend such a course, although it may be that she wants something slightly different. All that can be assessed on Friday, and she can seek to persuade the Tribunal then that the conditions need to be varied. As it is, in all the circumstances, for the reasons I have indicated, this appeal must be dismissed.

MS HARTLEY: My Lord, in the light of that, there is an application for costs.

MR JUSTICE COLLINS: Yes.

MS HARTLEY: A schedule was served on the court last Wednesday, I believe.

MR JUSTICE COLLINS: I am not sure I have seen that.

MS HARTLEY: We do have further copies.

MR JUSTICE COLLINS: Was it annexed to your skeleton?

MS HARTLEY: It was not. I do have a further copy, my Lord. (Handed).

MR JUSTICE COLLINS: All right. I think what I will do is to say in principle you are entitled to your costs, but what you must do is to serve the schedule and she must have the opportunity within 21 days to submit writing her objection to paying anything and an objection to the amount.

MS HARTLEY: My Lord, I understand that the schedule has been served upon the appellant.

MR JUSTICE COLLINS: In that case, 14 days. It would be matter of the decision. I shall make an order in principle that there should be award of the sum that she claimed but she has the right, within 14 days, to serve on the respondent and upon the court, a letter or a document challenging costs. You will then have 14 days thereafter to respond and the matter will be dealt with on the documents.

MS HARTLEY: I am grateful, my Lord.

MR JUSTICE COLLINS: I think that is the fair way of dealing with that, all right.