Nursing & Midwifery Council, R (on the application of) v Raji [2010] EWHC 3691 (Admin) (09 December 2010)

Nursing & Midwifery Council, R (on the application of) v Raji [2010] EWHC 3691 (Admin) (09 December 2010)

The allegations against the respondent justify the prolongation of the conditions of practice order, but given the unacceptable delay in the investigation, an extension of 12 months is not proportionate. The appropriate, necessary, and proportionate order is an extension of six months.

Source-derived case information.

Citation
[2010] EWHC 3691 (Admin)
Parties
Claimant: Nursing & Midwifery Council; Defendant: Raji
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Judicial Review / Application to Extend Interim Conditions of Practice Order
Outcome
interim conditions of practice order extended for six months
Legal Topics
Extension of Interim Conditions of Practice Order, Fitness to Practise, Public Protection, Procedural Fairness
Administrative Law Professional Regulation Extension of Interim Conditions of Practice Order Fitness to Practise Public Protection Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nursing & Midwifery Council

Claimant

Raji

Defendant

Procedural Posture

Judicial Review / Application to Extend Interim Conditions of Practice Order

Legal Issues

  1. 1 Whether the interim conditions of practice order should be extended and for what period
  2. 2 Whether the delay in investigation justifies a shorter extension than sought

Ratio Decidendi

The allegations against the respondent justify the prolongation of the conditions of practice order, but given the unacceptable delay in the investigation, an extension of 12 months is not proportionate. The appropriate, necessary, and proportionate order is an extension of six months.

Court Disposition

interim conditions of practice order extended for six months

Orders

  • Extension of interim conditions of practice order for six months from expiry date
  • No order as to costs