Perry v The Nursing and Midwifery Council
Fairness at the interim stage does not require the registrant to give evidence on the substance of disputed allegations; the Committee’s function is to assess whether an interim order is necessary based on the allegations and available evidence, not to determine their truth. The procedure followed was fair and did not infringe the appellant’s rights under Articles 6 or 8 ECHR.
- Parties
- Appellant: Christopher Perry; Respondent: The Nursing and Midwifery Council
- Jurisdiction
- England and Wales
- Judgment Date
- 28 February 2013
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Interim Orders, Fitness to Practise, Fair Hearing, Article 6 ECHR, Article 8 ECHR
Case Brief
Summary, issues, holding and outcome
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Parties
Christopher Perry
Appellant
The Nursing and Midwifery Council
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether interim suspension by the Investigating Committee infringed the appellant’s rights under Articles 6 and 8 of the European Convention on Human Rights
- 2 Whether fairness required the registrant to give evidence on the substance of allegations at the interim stage
Ratio Decidendi
Fairness at the interim stage does not require the registrant to give evidence on the substance of disputed allegations; the Committee’s function is to assess whether an interim order is necessary based on the allegations and available evidence, not to determine their truth. The procedure followed was fair and did not infringe the appellant’s rights under Articles 6 or 8 ECHR.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
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