Raheem, R (on the application of) v Nursing and Midwifery Council

Raheem, R (on the application of) v Nursing and Midwifery Council

The Committee failed to properly exercise its discretion to proceed in the registrant's absence; the decision was perfunctory and did not demonstrate the required care and caution. This was a fatal procedural defect requiring the decision to be quashed and the matter reheard.

Parties
Claimant: Abigail Abiodun Raheem; Defendant: Nursing and Midwifery Council
Jurisdiction
England and Wales
Judgment Date
04 October 2010
Procedural Posture
Statutory Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Service of Notice, Disciplinary Proceedings, Exercise of Discretion, Procedural Fairness
Administrative Law Professional Discipline Service of Notice Disciplinary Proceedings Exercise of Discretion Procedural Fairness

Case Brief

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Parties

Abigail Abiodun Raheem

Claimant

Nursing and Midwifery Council

Defendant

Procedural Posture

Statutory Appeal / Judgment

Legal Issues

  1. 1 Whether the Committee properly exercised its discretion to proceed in the registrant's absence when notice of hearing was returned undelivered
  2. 2 Whether there was due compliance with the rules as to service of notice
  3. 3 Whether the sanction of striking-off was appropriate

Ratio Decidendi

The Committee failed to properly exercise its discretion to proceed in the registrant's absence; the decision was perfunctory and did not demonstrate the required care and caution. This was a fatal procedural defect requiring the decision to be quashed and the matter reheard.

Court Disposition

Appeal allowed

Orders

  • Decision of the Conduct and Competence Committee quashed
  • Matter remitted for rehearing by the Committee