Nursing and Midwifery Council v Millson [2013] EWHC 1537 (Admin) (14 May 2013)

Nursing and Midwifery Council v Millson [2013] EWHC 1537 (Admin) (14 May 2013)

The seriousness of the outstanding allegation and the need to protect vulnerable residents justify continuing the suspension, but the extension should be limited to the end of July rather than the 6 months requested, given the delays and prejudice to the respondent.

Citation
[2013] EWHC 1537 (Admin)
Parties
Claimant: Nursing and Midwifery Council; Defendant: Millson
Jurisdiction
England and Wales
Judgment Date
14 May 2013
Procedural Posture
Application to Extend Suspension Order / Hearing of Application for Extension of Interim Suspension Order Pending Disciplinary Proceedings
Outcome
application granted in part
Legal Topics
Interim Suspension, Disciplinary Proceedings, Protection of the Public, Procedural Fairness
Professional Regulation Administrative Law Interim Suspension Disciplinary Proceedings Protection of the Public Procedural Fairness

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Parties

Nursing and Midwifery Council

Claimant

Millson

Defendant

Procedural Posture

Application to Extend Suspension Order / Hearing of Application for Extension of Interim Suspension Order Pending Disciplinary Proceedings

Legal Issues

  1. 1 Whether to extend the interim suspension order against the respondent pending disciplinary proceedings
  2. 2 Appropriate length of extension given delay and prejudice

Ratio Decidendi

The seriousness of the outstanding allegation and the need to protect vulnerable residents justify continuing the suspension, but the extension should be limited to the end of July rather than the 6 months requested, given the delays and prejudice to the respondent.

Court Disposition

application granted in part

Orders

  • Suspension order extended until the end of July 2013, not the full 6 months requested.
  • No order as to costs.