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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 Njie [2012] EWHC 2300 (Admin) (28 June 2012) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2012/2300.html Cite as: [2012] EWHC 2300 (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
		28 June 2012

1. JUSTICE SIMON: This is an application under section 31(8) of the Nursing and Midwifery Order 2001 for an extension to an interim suspension order made by the panel of the claimant Council's practice committee on 6 August 2008, suspending the defendant from practice for 18 months.
2. The issue between the parties go back as far as 2006. The suspension was reviewed and continued by orders made on 11 March 2009, 10 June 2009, 9 September 2009 and 15 September 2009. On 2 February 2010, Samantha Harrison, sitting as a single judge of this court, extended the order for a period of 12 months while expressing concern about the delay. Those concerns have not evaporated. On 2 February 2011, Cranston J extended the order for nine months until 4 November 2011. On 3 November 2011, HHJ Beddoe, sitting as a single judge, extended the order for a further eight months to 1 July 2012.
3. The reasons for the striking delay in bringing this case to a hearing are set out in the statement of Ifti Scott, which I have seen. They have been supported by the submissions of Mr Lucaponi.
4. The case concerns allegations of dishonesty and the provision of false documents, but the impression that one gets is that instead of proceeding with these allegations, the claimant has put off decisions while the allegations are considered. As long ago as 27 July 2010, the Council's panel considered there was a case to answer on two referrals and sent these to the Conduct and Competence Committee. On 31 January 2011, the CCC panel decided there should be a hearing. Since then, there have been three meetings with the respondent.
5. At the most recent meeting on 29 March, the respondent was granted an adjournment of the hearing due to take place on 28 May. That, on the face of it, seems an astonishing decision. However, I have been shown submissions which indicated that the NMC vigorously opposed the adjournment in the public interest and argued that there should be an expeditious disposal of the case. It pointed out the inconvenience that would be caused to the four live witnesses that had been scheduled to attend a hearing.
6. Counsel in that case went on to explain that it is an old case with some allegations going back up to six years and one consequence of an adjournment would be that the witnesses' recollection might be affected by the passage of time. She pointed out that Mr Njie could have contacted the NMC back in November 2011, when he first received notice of a scheduled hearing, to explain that the dates fall in the period likely to be when he would expect to take law exams and to canvass the possibility of exploring further hearing dates with the NMC. Despite those forceful and, one would have thought, persuasive submissions, the panel decided to adjourn, necessitating the present application.
7. In the circumstances, I am prepared to grant this extension. All concerned must understand that if the Council has to come back applying for a further extension on the grounds that it has failed to bring this case to a resolution, that further extension may not be granted.
8. However, I have concluded that it is in the public interest that an extension should be granted. I propose to extend the time until 4.00 pm on 31 December 2012.
9. MR LUCAPONI: Thank you, my Lord.
10. JUSTICE SIMON: Thank you.