Nursing and Mid-Wifery Council, R (on the application of) v Apara [2009] EWHC 3816 (Admin) (21 October 2009)

Nursing and Mid-Wifery Council, R (on the application of) v Apara [2009] EWHC 3816 (Admin) (21 October 2009)

The continued lack of cooperation by the respondent in undergoing a psychiatric examination, which is essential for assessing her fitness to practise, justifies the extension of the interim suspension order for a further 12 months.

Citation
[2009] EWHC 3816 (Admin)
Parties
Claimant: Nursing and Mid-wifery Council; Defendant: Eunice Maduke Apara
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Judicial Review Application / Application to Extend Interim Suspension Order
Outcome
application granted
Legal Topics
Interim Suspension, Medical Fitness to Practise, Disciplinary Proceedings, Procedural Fairness
Administrative Law Professional Regulation Interim Suspension Medical Fitness to Practise Disciplinary Proceedings Procedural Fairness

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Parties

Nursing and Mid-wifery Council

Claimant

Eunice Maduke Apara

Defendant

Procedural Posture

Judicial Review Application / Application to Extend Interim Suspension Order

Legal Issues

  1. 1 Whether the interim suspension order against the respondent should be extended for a further 12 months
  2. 2 Whether the respondent's failure to cooperate with psychiatric examination justifies continued suspension

Ratio Decidendi

The continued lack of cooperation by the respondent in undergoing a psychiatric examination, which is essential for assessing her fitness to practise, justifies the extension of the interim suspension order for a further 12 months.

Court Disposition

application granted

Orders

  • Interim suspension order extended from 26 October 2009 to 25 October 2010
  • Respondent granted liberty to apply to vary or discharge the order on three days' written notice