Case No. CO/7437/2012
Neutral Citation Number: [2012] EWHC 2438 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION 
THE ADMINISTRATIVE COURT 
Royal Courts of Justice 
Strand
London WC2A 2LL 

Date: Wednesday, 15th August 2012
 
B e f o r e: 

MRS JUSTICE DOBBS

Between: 
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NURSING AND MIDWIFERY COUNCIL  
Claimant

v 

BROWN 
Defendant 
 
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Mr S Hafejee (instructed by NMC) appeared on behalf of the Claimant 

The Defendant did not appear and was not represented 
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J U D G M E N T 

1.	MRS JUSTICE DOBBS:  The NMC seeks an application of an interim suspension order made on 18th February 2011, under Article 31(8) of the Nursing and Midwifery Order 2001, for a period of 4 months, from 17th August 2012.  
2.	The respondent came to the attention of the applicant on 29th June 2010, following referral from the University Hospital Birmingham Foundation Trust, in respect of a number of allegations.  He now faces five charges: 
(i) repeatedly failing drugs assessments and failing to demonstrate sufficient knowledge and skills in the sphere of drugs administration; 
(ii) refusing to carry out regular observations on a patient who needed regular observation; 
(iii) failing to disclose that she was subject of disciplinary proceedings whilst involved in an NMC midwifery course and two other failures to notify about referral to the NMC.
3.	Since the making of the interim suspension order there have been regular interim order hearings.  The respondent has attended some of those hearings.  On 8th February the case was transferred to the Conduct and Competence Committee and the respondent indicated, in a letter of 16th March 2012, that she wishes a hearing.  That hearing has been scheduled for 24th to 27th September.  It is a possibility that the hearing might be part‑heard and hence the application for 4 months.
4.	Having read all the papers I am satisfied that the order as it stands is appropriate and proportionate and is necessary for the protection of the public.  Notice of this application was served on the registrant on 16th July 2012 by recorded delivery.  She has made no representations in relation to it.  The Panel considered the respondent's submissions as to financial hardship in the interim order hearings and found that the order applied only to her registration as a nurse and not to other employment.  Conditions were considered but in light of the seriousness of the allegations no practical or workable formula could be worked out.
5.	I am satisfied that it is appropriate to extend this order for a further 4 months.