Nursing and Midwifery Council v Adams [2011] EWHC 262 (Admin) (08 February 2011)
The extension was granted because the respondent failed to cooperate with clinical examination, ongoing investigations necessitate continued suspension, and the respondent was duly served but did not appear.
Source-derived case information.
- Citation
- [2011] EWHC 262 (Admin)
- Parties
- Claimant: Nursing and Midwifery Council; Defendant: Alison Jane Adams
- Jurisdiction
- England and Wales
- Judgment Date
- 08 February 2011
- Procedural Posture
- Application for Extension of Interim Suspension Order / Hearing of Application for Extension
- Outcome
- Application granted
- Legal Topics
- Interim Suspension Order, Professional Misconduct, Health Investigation, Non Attendance of Respondent
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nursing and Midwifery Council
Claimant
Alison Jane Adams
Defendant
Procedural Posture
Application for Extension of Interim Suspension Order / Hearing of Application for Extension
Legal Issues
- 1 Whether to extend the Interim Suspension Order against the respondent under Article 31(8) of the Nursing and Midwifery Order
Ratio Decidendi
The extension was granted because the respondent failed to cooperate with clinical examination, ongoing investigations necessitate continued suspension, and the respondent was duly served but did not appear.
Court Disposition
Application granted
Orders
- Interim Suspension Order extended until 4pm on 18 February 2012
- Respondent granted permission to apply within three days of notice to vary or discharge the order
Full Case Text
Judgment text and source record
1 paragraphs
Neutral Citation Number: [2011] EWHC 262 (Admin) Case No: CO/914/2011 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT Royal Courts of Justice Strand London WC2A 2LL 8 February 2011 B e f o r e : MR JUSTICE SILBER ____________________ Between: NURSING AND MIDWIFERY COUNCIL Claimant v ALISON JANE ADAMS Defendant ____________________ Computer-Aided Transcript of the Stenograph Notes of WordWave International Limited A Merrill Communications Company 165 Fleet Street London EC4A 2DY Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court) ____________________ Miss M McDonald (instructed by NMC Regulatory Legal Team) appeared on behalf of the Claimant The Defendant did not appear and was not instructed ____________________ HTML VERSION OF JUDGMENT ____________________ Crown Copyright © MR JUSTICE SILBER: The National Nursing and Midwifery Council ("the applicant") seeks an extension of an Interim Suspension Order made on 19 August 2009 against Alison Jane Adams ("the respondent"), made under Article 31(8) of the Nursing and Midwifery Order, for a period of 12 months from 18 February 2011, so as to expire on 18 February 2012. The Respondent came to the attention of the Applicant in 2008 following referral from the University Hospitals of Leicester National Health Service Trust in respect of a number of allegations, including taking dihydrocodeine from the drug trolley for her own use. There are issues relating to the respondent's health, which the applicant has sought to investigate before making a misconduct referral, and there is also the police involvement on a separate matter involving shoplifting. The difficulty that has arisen is that the respondent has failed to make herself available for clinical examination. There have been numerous attempts to ensure that she does appear, but she has not done so, and it is for that reason that an extension is now sought. She has been dually served with this application, but has not appeared. In those circumstances I propose to make the order sought and to extend the period of the order until 4pm on 18 February 2012, while giving the respondent permission to apply within three days of the notice to the applicant to report for an order to vary or discharge this order. There will also be no order as to costs. Thank you very much. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII