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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 & Midwifery Council v Stephenson [2009] EWHC 555 (Admin) (11 March 2009) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2009/555.html Cite as: [2009] EWHC 555 (Admin)

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IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

		Royal Courts of Justice Strand London WC2A 2LL
		11 March 2009

1. MR JUSTICE BEATSON: This is an application by the Nursing and Midwifery Council for the extension of an interim suspension order which was first made on 13 September 2005. The Investigating Committee of the Council has reviewed the order and extended it at the specified periods. The matter came before the High Court on 12 March 2007, when the order was extended for a further 12 months.
2. Following the reviews and extensions by the Investigating Committee, the matter came again before the High Court on 10 March 2008, when the order was extended for a further ten months. On 22 October 2008, the respondent's case was referred to the Health Committee. During the period between August 2005 and March 2007, three appointments for the respondent to see doctors were made and cancelled by her: one because of a bereavement; the other ones with no reason given. She was ultimately examined by Dr Hussain on 8 April 2008.
3. The case was referred for hearing on 4 December 2008, and on 19 December the matter came before the Health Committee and the respondent consented to the matter being dealt with in her absence and did not oppose continuation of the interim order.
4. Mrs Forbes, on behalf of the Council, today seeks a further extension for 12 months. The plan is to have a substantive hearing in July or August. Notwithstanding this, a 12-month extension is sought because of the history of this matter and because it is likely that the Health Committee will want a further medical examination. Mrs Forbes was unable to give me any information as to what steps, if any, had been taken by the Health Committee in connection with arranging such a medical examination.
5. I note that, apart from what Mrs Forbes referred to as the fourth medical appointment cancelled, which is only referred to in one of the transcripts, no medical appointment has been cancelled since 20 March 2006. The court is, as Mrs Forbes recognised from the questions during her submissions, concerned about the delay. For those reasons, the court extends the interim suspension order for six months.
6. The Council and the Health Committee are encouraged to take proactive steps to progress this matter. If it proves necessary to apply for a further extension, it should be done in a timely way, and a full explanation of what steps have been taken, and why it has not been possible to conclude the matter within the anticipated timescale given to the court.
7. The court of course accepts that between August 2005 and some point towards the end of 2006, the delays were precipitated by the respondent, and that she was only examined by Dr Hussain on 8 April 2008. But with that background, there is a firm duty on the Council to act expeditiously and not to be pessimistic about the prospects of resolving the matter within its projected timetable.
8. Is there a draft order in the bundle?
9. MRS FORBES: My Lord, anticipating the court's concern, I did draft an order in terms of six months and indeed 12 months.
10. MR JUSTICE BEATSON: I just observe that, if that was what the Council anticipated, I slightly deprecate the pressing of an application for a 12-month order.
11. MRS FORBES: My Lord, I had drafted the order in various forms, and these were my concerns.
12. MR JUSTICE BEATSON: I just say that gently, but I say it.
13. MRS FORBES: It is noted, my Lord.