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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 Firth [2012] EWHC 2982 (Admin) (12 October 2011) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2012/2982.html Cite as: [2012] EWHC 2982 (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
		12 October 2011

1. MR JUSTICE HICKINBOTTOM: This is an application under Article 31(8) of the Nursing and Midwifery Order 2001 for extension to an interim suspension order made by the Interim Orders Panel of the Investigating Committee of the Claimant Council. The relevant order, suspending the registration of the Defendant, Helen Firth, was made on 20 April 2011 for 18 months, with a consequent expiry date of 19 October 2012. The maximum period of such an order as made by the Claimant is 18 months but, under Article 31(8), the court may extend that time for up to 12 months.
2. The criteria to be applied by the court in considering such an order are the same as those for making an interim order by the regulatory body, including the gravity of the allegations, the seriousness of the risk of harm to patients, the reasons why the case has not been concluded and the prejudice to the practitioner if an interim order is continued (General Medical Council v Stephen Chee Cheung Hiew [2007] EWCA Civ 369). The burden is on the regulatory body to show, on the balance of probabilities, that the relevant criteria are met, and that an extension should be granted.
3. Delay in relation to a matter of this kind is always a matter of concern. The Defendant was referred to the Claimant by the Leeds Teaching Hospital NHS Trust in July 2010, the sole allegation then being that, on a day in late 2009, she reported for duty under the influence of alcohol, a matter found proven at an internal disciplinary hearing. Later, two further allegations came to light earlier in time, both of not responding to an emergency call. The Defendant therefore now faces three charges before the Claimant's Conduct and Competency Committee.
4. The Defendant has played no part in those proceedings, nor did she play any part in the internal proceedings to which I have referred, nor has she responded to this claim for an extension of the interim suspension order. On 11 September 2011, she wrote to the Claimant indicating that she no longer wished to work as a registered nurse.
5. The Claimant's investigations are complete, and the hearing before the Conduct and Competency Committee is due to take place in the first three months of 2013; but there are six potential witnesses whose dates of availability have not (as I understand it) yet been confirmed, and the date of the hearing has consequently not yet been fixed.
6. Taking into account the factors I must, I am satisfied that it is appropriate to extend the time of the interim suspension order. I have in particular taken into account the reasons why this case has not been concluded - the history is set out in a statement of Kate Irvin dated 27 September 2012 - and, importantly, the fact that this matter has now been referred to the Conduct Committee and a final hearing is due to take place at the beginning of next year. I am satisfied that the Claimant is proceeding to a conclusion with reasonable expedition, and that those proceedings will be concluded by the end of the extension I propose to make. Also of particular weight in this case is (i) the serious nature of the charges the Defendant faces, and the importance of protecting the public; and (ii) the lack of prejudice to the Defendant - the extension will not have any significant adverse effect on her because she has no intention of practising as a nurse in the future, and certainly not in the near future.
7. Consequently, under Article 31(8) of the 2001 Order, I will extend the interim suspension order originally made by eight months from the current expiry date of 19 October 2012 to 19 June 2013. I make the extension eight months to allow for the real possibility that listing the hearing in the first three months of 2013, when it will otherwise be ready for hearing, may be difficult because of the number of potential witnesses involved. However, the hearing should of course be listed as soon as practicable, given the availability of those witnesses.