Nursing and Midwifery Council v Carthy

Nursing and Midwifery Council v Carthy

Given the nature of the allegations and the current status of the investigation, it is necessary for the protection of the public that the interim suspension order be extended for 6 months.

Parties
Claimant: Nursing and Midwifery Council; Defendant: Carthy
Jurisdiction
England and Wales
Judgment Date
18 March 2010
Procedural Posture
Judicial Review / Application for Extension of Interim Suspension Order
Outcome
extension of interim suspension order granted
Legal Topics
Interim Suspension, Disciplinary Proceedings, Delay in Investigation, Protection of the Public
Professional Regulation Interim Suspension Disciplinary Proceedings Delay in Investigation Protection of the Public

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Parties

Nursing and Midwifery Council

Claimant

Carthy

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether to grant an extension of the interim suspension order against the respondent nurse
  2. 2 Whether the delay in investigation justifies refusal of the extension
  3. 3 Whether the order is necessary for the protection of the public

Ratio Decidendi

Given the nature of the allegations and the current status of the investigation, it is necessary for the protection of the public that the interim suspension order be extended for 6 months.

Court Disposition

extension of interim suspension order granted

Orders

  • The interim suspension order is extended to 4pm on 22 September 2010.
  • The respondent may apply to vary or discharge the order on 3 days written notice.