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	England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Nursing & Midwifery Council, R (on the application of) v Holcroft [2010] EWHC 2143 (Admin) (26 July 2010) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2010/2143.html Cite as: [2010] EWHC 2143 (Admin)

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

		Royal Courts of Justice Strand London WC2A 2LL
		26 July 2010

1. MRS JUSTICE DOBBS: The Nursing and Midwifery Council seeks an extension of 9 months of an interim suspension order made under Article 31(8) of the Nursing and Midwifery Order 2001. The order was made on 28 January 2009. The respondent has been served with the application and accompanying documents.
2. On 2 May 2008 a letter was received by the Council from the Assistant Director of Nursing at St Helens and Moseby Teaching Hospitals and National Health Trust. It stated that the respondent had been suspended from duty on 24 August 2007 following a period of monitoring after a number of different drugs were identified as having gone missing following shifts that the respondent had been on duty. An investigation took place and the respondent confirmed that she had taken the drugs from the medicine trolley. A disciplinary hearing was held on 8 April 2008 and the respondent was dismissed on grounds of gross misconduct. The Council requested further information which was received on 11 June 2008. The case was sent off for investigation and, on 28 January 2009, a panel of the investigating committee made an interim suspension order for 18 months on the grounds that it was necessary for the public protection; otherwise in the public interest and in the registrant's own interest. The respondent did not attend and was not represented.
3. Reviews took place on 28 July 2009, 29 October 2009, 19 January 2010, and 19 July 2010. At no time did the respondent turn up, was represented or made representations.
4. On 13 January 2010 a panel of the investigating committee referred the case to the Conduct and Competence Committee which, on 2 March, decided to refer it for a hearing. The Council is presently trying to ascertain when it is possible to have a hearing, however it is unlikely to be before November 2010 because of cases currently in the queue. It is noted that every effort would be made to expedite the hearing date.
5. I have looked at the record of two of the review hearings for which the transcripts were provided and I am satisfied that the committee was properly directed by the legal adviser. There have been no representations from the respondent. She has failed to attend not only the hearings of the Nursing and Midwifery Council but previously at her place of work. There is correspondence from her setting out the background to her commission of the acts alleged and it is to be noted that, by 2008, she had indicated in interview that she had moved back in with her parents, due possibly to relationship problems. That being the case, any concerns about financial hardship are reduced.
6. Having looked at all the papers, it is appropriate, in my judgment, to extend the order for the reasons giving for the making of the order. The allegation is a serious one, it imports within it a real risk of significant harm to patients and also it undermines the trust that the public are entitled to have in the integrity of the medical profession. I have considered the prejudice to the respondent; there has been no evidence put in front of me showing any hardship. The Council has complied with the procedural requirements and I note that it is intended to expedite the matter. Therefore, as I have already said, it is appropriate to grant this extension.