Oriaku, R (On the Application Of) v Nursing And Midwifery Council

Oriaku, R (On the Application Of) v Nursing And Midwifery Council

The NMC lawfully exercised its statutory powers and procedures in not referring the Claimant’s allegation to the Investigating Committee, as the Registrar must first determine whether an allegation falls within Article 22(1)(b) and has sufficient information. The claim was also refused due to delay, and the...

Source-derived case information.

Parties
Claimant: Chinwe Cecilia Oriaku; Defendant: Nursing and Midwifery Council
Jurisdiction
England and Wales
Judgment Date
16 February 2017
Procedural Posture
Judicial Review / Permission Hearing and Substantive Determination
Outcome
Permission to apply for judicial review refused; claim dismissed
Legal Topics
Judicial Review, Professional Regulation, Delay, Standing, Statutory Interpretation
Administrative Law Regulatory Law Judicial Review Professional Regulation Delay Standing Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Chinwe Cecilia Oriaku

Claimant

Nursing and Midwifery Council

Defendant

Procedural Posture

Judicial Review / Permission Hearing and Substantive Determination

Legal Issues

  1. 1 Whether the NMC acted unlawfully in not referring the Claimant’s allegation to the Investigating Committee
  2. 2 Whether the Investigating Committee acted unlawfully in not reaching a decision and notifying the Claimant
  3. 3 Whether the claim was brought out of time (delay)

Ratio Decidendi

The NMC lawfully exercised its statutory powers and procedures in not referring the Claimant’s allegation to the Investigating Committee, as the Registrar must first determine whether an allegation falls within Article 22(1)(b) and has sufficient information. The claim was also refused due to delay, and the Claimant’s complaint did not constitute a new allegation requiring referral.

Court Disposition

Permission to apply for judicial review refused; claim dismissed