Nursing & Midwifery Council v Joseph

If this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person. This Transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved. CO/4575/2017 Neutral Citation Number: [2017] EWHC 3033 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION ADMINISTRATIVE COURT Royal Courts of Justice Tuesday, 14 th November 2017 Before: MR ANDREW HENSHAW QC (Sitting as a Deputy Judge of the High Court) - - - - - - - - - - - - - - - - - - B E T W E E N : NURSING & MIDWIFERY COUNCIL - and - JOSEPH - - - - - - - - - - - - - - - - - - Transcribed by Opus 2 International Ltd. (Incorporating Beverley F. Nunnery & Co.) Official Court Reporters and Audio Transcribers 5 New Street Square, London EC4A 3BF Tel: 020 7831 5627 Fax: 020 7831 7737 admin@opus2.digital This transcript has been approved by the Judge Applicant Respondent - - - - - - - - - - - - - - - - - - MISS A HALL (instructed by Nursing & Midwifery Council) appeared on behalf of the Applicant. THE RESPONDENT was not present and was not represented. - - - - - - - - - - - - - - - - - - J U D G M E N T THE DEPUTY JUDGE: I am asked to make an extension on the application of the Nursing & Midwifery Council under Art.31(8) of the Nursing & Midwifery Order 2001 of an interim suspension order imposed on the defendant on 16th May 2016. The claimant is represented this morning; the defendant is not. I received yesterday a form of consent order agreeing to the extension sought, signed by a representative of the Royal College of Nursing whom, I am told by the claimant's counsel, acts for the respondent. In any event, I am satisfied on the evidence I have read that it is necessary for the protection of members of the public - or otherwise in the public interest - to continue the interim suspension order and to do so for a further four months as the claimant has proposed. I therefore order that, pursuant to Art.31(8) of the Nursing & Midwifery Order, the interim suspension order imposed on 16th May 2016 by the Investigating Committee of the Nursing & Midwifery Council pursuant to Art.31(2) of the Order in connection with the defendant Daphne Joseph be extended by a period of four months from the current expiry date, and that is thus an extension until 4.00 p.m. on 14th March 2018. I further order that the respondent has permission on giving three days' written notice to the applicant to apply to the court to vary or discharge this order and that there be no order as to costs. MISS HALL: I have placed before you an order that requires a signature at the bottom. THE DEPUTY JUDGE: I will sign that. (Pause).