Nursing and Midwifery Council v Deojlt Persand

Nursing and Midwifery Council v Deojlt Persand

The court held that while some limited conditions on Mr Persand's practice are justified to protect the public, the majority of the standard conditions imposed by the NMC were not individually necessary. The NMC failed to demonstrate that all conditions met the statutory necessity test. The court varied the order to...

Source-derived case information.

Parties
Applicant: Nursing and Midwifery Council; Respondent: Deojlt Persand
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Application Under Article 31(8) of the Nursing and Midwifery Order 2001 / High Court Review of Extension and Variation of Interim Conditions Order
Outcome
Application granted in part; interim conditions order extended but varied to reduce scope.
Legal Topics
Extension of Interim Orders, Fitness to Practise Proceedings, Article 6 ECHR Right to Fair Hearing, Necessity Test for Interim Sanctions, Delay in Regulatory Proceedings
Administrative Law Professional Regulation Human Rights Extension of Interim Orders Fitness to Practise Proceedings Article 6 ECHR Right to Fair Hearing Necessity Test for Interim Sanctions Delay in Regulatory Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nursing and Midwifery Council

Applicant

Deojlt Persand

Respondent

Procedural Posture

Application Under Article 31(8) of the Nursing and Midwifery Order 2001 / High Court Review of Extension and Variation of Interim Conditions Order

Legal Issues

  1. 1 Whether the extension and scope of interim conditions on Mr Persand's nursing practice are necessary under article 31(2) of the Nursing and Midwifery Order 2001
  2. 2 Whether the delays in the NMC's investigation breach Article 6 ECHR (right to a hearing within a reasonable time)
  3. 3 Whether the conditions imposed are proportionate and individually necessary

Ratio Decidendi

The court held that while some limited conditions on Mr Persand's practice are justified to protect the public, the majority of the standard conditions imposed by the NMC were not individually necessary. The NMC failed to demonstrate that all conditions met the statutory necessity test. The court varied the order to retain only those conditions preventing Mr Persand from being the sole nurse on duty and requiring disclosure of the conditions to prospective employers. The court criticised the NMC's delays and emphasised that interim orders must only be imposed where strictly necessary, with each condition justified on the facts.

Court Disposition

Application granted in part; interim conditions order extended but varied to reduce scope.

Orders

  • Interim conditions order on Mr Persand's nursing practice extended for a further period, but only conditions 1, 2, 3, and 10 retained.
  • Condition 9 modified to require immediate disclosure of conditions to any prospective employer at the time of application.