UK case law
Nursing and Midwifery Council v Donga
[2012] EWHC ADMIN 2587 · High Court (Administrative Court) · 2012
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Full judgment
1. MRS JUSTICE LANG: The Nursing and Midwifery Council, the NMC, applies for an extension to the interim suspension order made by a panel of the NMC's Practice Committee on 31 March 2011 to suspend the respondent's registration for 18 months. The order expires on 30 September and an extension for a further six months is sought until 4pm on 29 March 2013.
2. The application is made under Article 31(8) of the Nursing and Midwifery Order 2001. I have had regard to General Medical Council v Hiew [2007] EWCA Civ 369 where the Court of Appeal gave guidance on the approach to be adopted by the court in considering applications to extend interim orders. In this case the respondent faces allegations that her fitness to practise is impaired by reason of her misconduct.
3. On 4 March 2011, the NMC received a complaint from Guys and St Thomas' NHS Foundation Trust that the respondent is working illegally as a nurse and her documents were counterfeit. The respondent has since disappeared and her whereabouts is unknown.
4. The reasons for the initial interim order, which was imposed on 31 March 2011, was 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 the public, and otherwise in the public interest because of the nature of the allegations. Conditions on practice would not be appropriate in the circumstances. The respondent's true identity could not be ascertained and it was possible that her nursing qualifications had been obtained on a false basis also.
5. The interim order has been reviewed on four occasions. I have seen a witness statement with exhibits and a chronology setting out the progress of the case to date. It is anticipated that the case will be concluded, one way or another, within the next six months, well within the extended period.
6. The respondent has not attended court here today and has not communicated with the NMC regarding the application for an extension of time. Having regard to all the circumstances I consider it is appropriate to extend the interim order for six months on the grounds that it is necessary to protect the public and it 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 may be undermined.