Nursing and Midwifery Council, R (on the application of) v Kasiye [2013] EWHC 364 (Admin) (07 February 2013)

Given the seriousness of the allegations, the lack of cooperation from the respondent, and the existence of procedural safeguards including statutory reviews and the right to apply for variation or discharge, it is in the interests of justice to grant the extension of the interim suspension order.

Citation: [2013] EWHC 364 (Admin)
Parties: Claimant: Nursing and Midwifery Council; Defendant: Kasiye
Jurisdiction: England and Wales
Judgment Date: 07 February 2013
Procedural Posture: Judicial Review / Application for Extension of Interim Suspension Order
Outcome: application granted
Legal Topics: Interim Suspension Order, Public Protection, Procedural Fairness

Administrative Law Professional Regulation Interim Suspension Order Public Protection Procedural Fairness

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Parties

Nursing and Midwifery Council

Claimant

Kasiye

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Suspension Order

Legal Issues

1 Whether to grant an extension of an interim suspension order under Article 31(8) of the Nursing and Midwifery Order 2001
2 Whether the respondent has had adequate notice and opportunity to respond

Ratio Decidendi

Court Disposition

application granted

Orders

Extension of the interim suspension order for a further 7 months from 7 February 2013
Order to include clear notice provisions specifying how the respondent may notify the applicant if seeking to vary or discharge the order