UK case law
Nursing & Midwifery Council, R (on the application of) v Mulhearn
[2014] EWHC ADMIN 4229 · High Court (Administrative Court) · 2014
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Full judgment
1. DEPUTY JUDGE: I have read your skeleton argument. I am prepared to grant the extension.
2. I will make the order applied for in this case under Article 31.9 of the Nursing & Midwifery Order 2001. I extend for the period of three months, that is until 27 February 2015, the interim order suspending Peter Mulhearn's registration. I am satisfied that the interim order remains necessary to protect the public, that it is otherwise in the public interest and also in this case that it is in the respondent's own interest. I am satisfied, having seen the certificate of service, that the respondent has been served with this application and its supporting papers and he has not objected to the interim order and he does not appear today. The allegations of misconduct justify the extension of the interim order in my judgment.
3. I have been told that the substantive case is now scheduled to be heard on 8 to 12 December 2014. I have been told that nonetheless there is a need for a longer extension because there is a possibility it may not be concluded on those dates. That is why the three-month extension is sought. That is why I am satisfied that a three-month extension should be granted. It is not in the public's interest, nor in the interests of the respondent, for him to resume unrestricted nursing practice until such time as the Conduct & Competence Committee of the Council has fully adjudicated on this matter which it will have the opportunity soon to do, certainly within the three-month extension which I grant.
4. I have been told of no evidence of prejudice to this respondent because of the extension of the interim order and, in any event, in my judgment the risk to the public of unrestricted practice outweighs any potential prejudice to the respondent as a result of this extension.
5. I make the order accordingly.
6. MISS HOGGETT-JONES: I am grateful. There is a draft order. ( Same passed ) I have not marked the date of the order.
7. DEPUTY JUDGE: Is there anything else?
8. MISS HOGGETT-JONES: No.