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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 and Midwifery Council v Jones [2010] EWHC 876 (Admin) (18 March 2010) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2010/876.html Cite as: [2010] EWHC 876 (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
		18 March 2010

1. MR JUSTICE KING: I will grant the application. This is not a case where there has been any questionable delay by the Nursing and Midwifery Council.
2. The interim order was imposed on 24 September 2008 and is due to expire on 23 March 2010. The respondent was convicted of serious sexual offences against those in his care in the course of his employment as a nurse, and sentenced on 20 October 2009 to a total of 2 years and 4 months' imprisonment. On the evidence before me he was given credit for the 60 days he had already spent on remand in custody, and the likelihood is that he will be released in October 2010. I am told, and I have no reason to doubt, that this matter is now going to come back before the investigating committee on 21 April 2010, and I am satisfied it is likely that the matter will then be referred to the Conduct and Competence Committee. It is likely that the case will be scheduled for a hearing which is itself likely to take place within 9 months.
3. The serious nature of the allegations against the respondent is such (and the conviction is evidence of the facts underlying the allegations) that it is obviously necessary for the protection of the public and otherwise in the public interest, that this interim order continue. There should be no risk to the public arising out of the release of the respondent, that he might seek to renew his employment as a nurse before these matters are resolved by the council.
4. I will allow the full 12 months just in case there are any further complications.
5. MRS MCDONALD: My Lord, I am very grateful. I have in this case taken the liberty of inserting the date, but obviously it remains subject to your Lordship's approval.
6. MR JUSTICE KING: Yes. So I will make the order that the interim order be extended to 4pm on 22 March 2011. The respondent has permission, on 3 days written notice to the applicant, to apply to the court to vary or discharge the order. No order for costs.
7. MRS MCDONALD: My Lord, I am very grateful.
8. MR JUSTICE KING: Again, I make clear that there has been no attendance by the respondent.