Nursing and Midwifery Council v Holmes

1. MRS JUSTICE LANG:

2. The Nursing and Midwifery Council ("the NMC") applies for an extension to the Interim Suspension Order made by a panel of the NMC's Practise Committee on 18 July 2011 to suspend the respondent's registration for 18 months. The order expires on 17 January 2013 and an extension for a further six months is sought until 16 July 2013. The application is made under Article 31(8) of the Nursing and Midwifery Order 2001.

3. I have had regard to General Medical Council v Hiew , where the Court of Appeal gave guidance on the approach to be adopted by the court on applications of this nature.

4. In this case, the respondent, a mental health nurse, faces allegations that his fitness to practise is impaired by reason of misconduct, namely obstructing alarm sensors in patients' rooms, leaving a health care support worker alone on the ward where she was assaulted, failing to attend to a patient who had been incontinent and shaking his fist at another person.

5. The interim order was imposed on 18 July 2011 and the reasons were set out in a decision letter to the respondent. It stated that the panel had concluded a suspension order was necessary for the protection of patients and colleagues and otherwise in the public interest. Effective conditions on practice could not be formulated in this case. The panel took into account the respondent's financial circumstances, but concluded that the public interest outweighed the interests of the registrant. The interim order was then reviewed on 17 April, 16 July and 16 October 2012.

6. I have seen a witness statement with exhibits and a chronology setting out the progress of the case to date. There has been a delay as a result of difficulties obtaining witness statements during the external investigation, which took from June to November 2011.

7. There was then further delay because the respondent asked for the hearing fixed for September 2012 to be adjourned, and it was re-scheduled for 16 January 2013, but the applicant has applied for this hearing date to be adjourned again, and that application will be determined tomorrow.

8. The respondent has not attended court here today and has not communicated with the NMC regarding this application. He has been served.

9. Having regard to all the circumstances, I am satisfied that it is appropriate to extend the interim order for six months on the grounds that it is necessary to protect the public and is otherwise in the public interest. Without an order, there remains a risk of patient harm and a danger that public confidence in the regulatory process will be undermined.