Nursing And Midwifery Council, R (On the Application Of) v Haastrup

1. MR JUSTICE SINGH: This is an application by the Nursing and Midwifery Council to extend an interim order which was made on 6 April 2011 for a period of 18 months. That order is due to expire tomorrow, 5 October 2012. The order was made under Article 31 of the Nursing and Midwifery Order 2001. The background is helpfully set out in the witness statement of Mr Pellowe which I have read. I am also grateful to counsel for his submissions on behalf of the Nursing and Midwifery Council. The respondent has been notified of today's hearing but has not appeared, nor is he represented.

2. It is clear from the evidence before the court that this case has reached a reasonable stage of progress but unfortunately it has not been possible to complete the process. There was a substantive hearing in late August this year at which findings of fact were made adverse to the respondent but the question of impairment and sanction is something that needs to be gone into and it is proposed that there should be an adjourned hearing on 12th and 13 November this year.

3. Nevertheless, in order to allow room for possible slippage in the timetable, the application is for an extension of time for a period of three months and I am satisfied on the basis of the evidence and the submissions before the court that that order should be made. That is an order which in my judgment needs to be made according to the provisions of Article 31 for the protection of the public and in the public interest. Accordingly the interim order will be extended to 4.00 pm on 5 January 2013.

4. MR DOOLEY: I am grateful, my Lord.

5. MR JUSTICE SINGH: Thank you for your assistance.