Jatta, R (on the application of) v Nursing and Midwifery Council

Jatta, R (on the application of) v Nursing and Midwifery Council

In the exceptional circumstances of this case, where the appellant was engaging with the Committee, had provided an email address, and the Council knew he was no longer at the registered address, the failure to send an email notifying him of a letter requiring his attendance vitiated the proceedings. The appeal is allowed on procedural grounds and the matter is remitted for a new hearing.

Parties
Appellant: Borry Jatta; Respondent: Nursing and Midwifery Council
Jurisdiction
England and Wales
Judgment Date
11 March 2009
Procedural Posture
Judicial Review / Statutory Appeal / Appeal Judgment
Outcome
Appeal allowed on procedural ground; matter remitted for rehearing
Legal Topics
Service of Process, Procedural Fairness, Professional Misconduct, Sanctions in Regulatory Proceedings
Administrative Law Professional Regulation Service of Process Procedural Fairness Professional Misconduct Sanctions in Regulatory Proceedings

Case Brief

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Parties

Borry Jatta

Appellant

Nursing and Midwifery Council

Respondent

Procedural Posture

Judicial Review / Statutory Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Nursing and Midwifery Council's Conduct and Competence Committee erred in proceeding in the appellant's absence
  2. 2 Whether the sanction of striking off was appropriate
  3. 3 Whether the decision letter was inadequately reasoned

Ratio Decidendi

In the exceptional circumstances of this case, where the appellant was engaging with the Committee, had provided an email address, and the Council knew he was no longer at the registered address, the failure to send an email notifying him of a letter requiring his attendance vitiated the proceedings. The appeal is allowed on procedural grounds and the matter is remitted for a new hearing.

Court Disposition

Appeal allowed on procedural ground; matter remitted for rehearing

Orders

  • Matter remitted to the Nursing and Midwifery Council for a new hearing
  • Council to pay the appellant's costs of issuing the appeal