Nursing & Midwifery Council, R (on the application of) v Smith [2010] EWHC 2787 (Admin) (21 October 2010)

Nursing & Midwifery Council, R (on the application of) v Smith [2010] EWHC 2787 (Admin) (21 October 2010)

The court found that the statutory test for suspension was satisfied on the facts and that the suspension should be extended, but for a shorter period than requested, to ensure fairness and expeditious conduct of proceedings.

Citation
[2010] EWHC 2787 (Admin)
Parties
Claimant: Nursing and Midwifery Council; Defendant: Shan Amanda Smith
Jurisdiction
England and Wales
Judgment Date
21 October 2010
Procedural Posture
Judicial Review / Application for Extension of Interim Suspension Order
Outcome
interim suspension order extended for six months
Legal Topics
Interim Suspension, Fitness to Practise, Regulatory Proceedings
Administrative Law Professional Regulation Interim Suspension Fitness to Practise Regulatory Proceedings

Case Brief

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Parties

Nursing and Midwifery Council

Claimant

Shan Amanda Smith

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether the interim suspension order against the respondent should be extended
  2. 2 Whether the statutory test under Article 31(8) of the Nursing and Midwifery Order 2001 is met

Ratio Decidendi

The court found that the statutory test for suspension was satisfied on the facts and that the suspension should be extended, but for a shorter period than requested, to ensure fairness and expeditious conduct of proceedings.

Court Disposition

interim suspension order extended for six months

Orders

  • The interim suspension of Shan Amanda Smith is extended for six months from the date it would otherwise have expired.