Nursing and Midwifery Council, R (on the application of) v K & OR

Nursing and Midwifery Council, R (on the application of) v K & OR

Extensions of interim suspension orders are granted where ongoing health assessments or pending conduct hearings justify continued protection of the public, but must be limited in duration and supported by reasons for delay.

Parties
Claimant: Nursing and Midwifery Council; Defendant: K; Defendant: Bawden; Defendant: W
Jurisdiction
England and Wales
Judgment Date
18 January 2007
Procedural Posture
Judicial Review / Application for Extension of Interim Suspension Orders
Outcome
Extension of interim suspension orders granted for K and W for 12 months; extension for Bawden granted for 7 months.
Legal Topics
Interim Suspension Orders, Health and Conduct of Registrants, Public Protection, Delay in Proceedings
Administrative Law Professional Regulation Interim Suspension Orders Health and Conduct of Registrants Public Protection Delay in Proceedings

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Parties

Nursing and Midwifery Council

Claimant

K

Defendant

Bawden

Defendant

W

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Suspension Orders

Legal Issues

  1. 1 Whether to extend interim suspension orders for three registrants under Article 31 of the Nursing and Midwifery Order 2001
  2. 2 Whether delay in determination of allegations justifies continued suspension
  3. 3 Whether public protection and interests warrant extension

Ratio Decidendi

Extensions of interim suspension orders are granted where ongoing health assessments or pending conduct hearings justify continued protection of the public, but must be limited in duration and supported by reasons for delay.

Court Disposition

Extension of interim suspension orders granted for K and W for 12 months; extension for Bawden granted for 7 months.

Orders

  • Interim suspension order for K extended for 12 months.
  • Interim suspension order for W extended for 12 months.