UK case law
The Nursing and Midwifery Council v Sharp
[2012] EWHC ADMIN 2379 · High Court (Administrative Court) · 2012
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Full judgment
1. MR JUSTICE HADDON-CAVE: This is an application by the Nursing and Midwifery Council for an extension of the interim suspension order made on 7 February 2011 under Article 31.8 of the Nursing and Midwifery Order 2001. That initial interim suspension order was made for a period of nine months from 6 August 2012.
2. The respondent in this matter, Lisa Sharp, came to the attention of the Nursing and Midwifery Council on 11 January 2011, following a referral from Liverpool NHS Primary Care Trust, in respect of allegations that the said Lisa Sharp was working as a nurse with excessively high blood alcohol levels, resulting in her collapsing and, on one occasion, requiring hospital admission.
3. Today, counsel for the Nursing and Midwifery Council, a Mr Neil Moloney, seeks an extension of the interim suspension order until 15 May 2013. The basis for the application is that the respondent has failed hitherto to engage with the Nursing and Midwifery Council and the process. In particular, the respondent has failed to submit herself to medical examinations, which are necessary in order to determine the merits of the case and what future steps should be taken. That process is ongoing. There has been in this case clearly significant delay, but that has been due in large measure to the periods of non-engagement by the respondent and missed medical appointments by her.
4. I am satisfied that the Nursing and Midwifery Council have taken reasonable steps in order to progress the case fairly and expeditiously. I am also satisfied that the case will be ready to be scheduled for a substantive hearing on receipt of the medical assessment report or on exhaustion of avenues to pursue a report. I am also satisfied that the particularly serious nature of the allegations in this case justify a prolongation of the interim order in order to protect the public and give the best chance of the process being completed satisfactorily.
5. In those circumstances, I order that the interim order be extended to 4:00pm on 15 May 2013. The respondent has permission, on giving seven days' written notice to the applicant, to apply to the court to vary or discharge this order. No order as to costs.
6. MR MOLONEY: I am most grateful, my Lord.
7. MR JUSTICE HADDON-CAVE: Not at all, have a good day. Thank you very much, Mr Moloney.