Hannah Beety & Ors, R (On the Application Of) v Nursing And Midwifery Council

Hannah Beety & Ors, R (On the Application Of) v Nursing And Midwifery Council

The Registrar lawfully and proportionately concluded that the Lucina scheme did not provide appropriate indemnity cover for independent midwives attending childbirth, having regard to the nature and extent of the risks, the scheme's low asset base, lack of reinsurance or guarantees, and the public protection objective. The process was fair, the statutory test was correctly applied, and no breach of EU or human rights law occurred.

Parties
Claimant: Hannah Beety; Claimant: Sabine von Toerne; Claimant: Susan Spender; Claimant: Eleanor Miskin-Garside; Defendant: Nursing and Midwifery Council; Interested Party: Independent Midwives UK; Interested Party: Lucina Limited
Jurisdiction
England and Wales
Judgment Date
12 December 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Professional Regulation, Indemnity Arrangements, Judicial Review, Proportionality, Freedom of Establishment, Freedom to Provide Services, Human Rights, Statutory Interpretation
Administrative Law Health Law Regulatory Law Human Rights Law European Union Law Professional Regulation Indemnity Arrangements Judicial Review +5 more

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Parties

Hannah Beety

Claimant

Sabine von Toerne

Claimant

Susan Spender

Claimant

Eleanor Miskin-Garside

Claimant

Nursing and Midwifery Council

Defendant

Independent Midwives UK

Interested Party

Lucina Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Registrar of the Nursing and Midwifery Council misapplied the statutory test for 'appropriate cover' under article 12A of the NMC Order 2001
  2. 2 Whether the Registrar's decision breached EU rights and the Human Rights Act 1998
  3. 3 Whether the Registrar failed to take account of material considerations or made errors of fact

Ratio Decidendi

The Registrar lawfully and proportionately concluded that the Lucina scheme did not provide appropriate indemnity cover for independent midwives attending childbirth, having regard to the nature and extent of the risks, the scheme's low asset base, lack of reinsurance or guarantees, and the public protection objective. The process was fair, the statutory test was correctly applied, and no breach of EU or human rights law occurred.

Court Disposition

Claim dismissed