[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Nursing and Midwifery Council v Faulkner [2013] EWHC 730 (Admin) (06 March 2013) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2013/730.html Cite as: [2013] EWHC 730 (Admin)

[New search] [Printable RTF version] [Help]

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

		Royal Courts of Justice Strand London WC2A 2LL
		6 March 2013

1. MR JUSTICE SALES:
2. 1. This is an application for an order to extend an interim suspension order made by the Nursing and Midwifery Council in relation to a registered nurse. The application comes before the court in an unfortunate manner, in my view. A claim form was issued on 27 February 2013 under the Part 8 procedure, but the interim suspension order expires on 8 March of this year. It is contended by the Council that there is an important public interest to be protected by an extension of the order having regard to the seriousness of the disciplinary charges made against the respondent nurse.
3. 2. The claim form, witness statements and exhibits were only posted to the respondent's last known address on 27 February 2013. According to the relevant rules, deemed service, therefore, occurred only on Friday, 1 March 2013. The application has been brought on before me today without allowing for the usual three clear days' notice of the application required under CPR Part 23.7(1). No good explanation has been given to me why an inadequate period of notice was given to the respondent by the Council for the making of this application.
4. 3. As a final resort, when I raised these problems with counsel for the Nursing and Midwifery Council, he invited me to exercise my discretion to allow for short service of the present application, which was intimated by a letter sent on 27 February, in exercise of my discretion under CPR Part 23.7(4).
5. 4. It is by no means obvious to me that I should do so in the absence of good explanation by the Council for the short notice that it has given. However, on balance, I am persuaded that in the particular circumstances of this case it would be appropriate to grant permission for the short service that has been given and then to grant the order sought.
6. 5. The particular factors to which I have regard in coming to the conclusion that I should proceed in that way are first, the seriousness of the disciplinary charges outstanding against the respondent and the clear view of the Council, which I would endorse, that the public interest is in favour of extension of the suspension for a short period to allow the final disciplinary hearing and determination to take place; and secondly, the fact that, as appears from the evidence before me, the respondent has not been engaging at all with the disciplinary proceedings.
7. 6. In the circumstances, I consider that it is unlikely that any material prejudice has been caused to the respondent by allowing for short service, and I consider that there is a strong public interest, namely in maintaining the continuation of the interim suspension order, to be weighed in favour of granting that relief. Accordingly, I order that the service effected by post, by letter sent on 27 February 2013, shall be sufficient notice of the present application, and I make the order which is sought.
8. So can I invite you, please, to draw up a new order and supply it to the associate, which will record the order that I have made for short service of the application as well.
9. MR MOLONEY: My Lord, the new order should be?
10. MR JUSTICE SALES: The new order should do two things. You will have to draft in the papers -- I fear that I put the order to one side.
11. MR MOLONEY: I have a further copy.
12. MR JUSTICE SALES: I think, Mr Moloney, the message needs to go back loud and clear to the Nursing and Midwifery Council that they need to review their procedures for giving notice of these applications for an extension of suspension orders and make absolutely sure they have given proper notice in accordance with the rules.
13. So what you will need to do in the order to be made is that there will need to be a new paragraph 1 stating that the notice of the application made today, given to the respondent by letter dated 27 February 2013 from the Nursing and Midwifery Council to him, shall be sufficient notice of the application for the order below. Something along those lines.
14. MR MOLONEY: I am grateful.
15. MR JUSTICE SALES: If you could draw up a new order and supply it to the associate, please.