Merchant, R (on the application of) v Nursing & Midwifery Council

1. MR JUSTICE BURNETT: This is an application by the Nursing and Midwifery Council to extend an interim suspension order originally made on 17 January 2006 under Article 31(8) of the Nursing and Midwifery Order 2001.

2. The respondent, Mrs Merchant, is subject to proceedings before the Council arising out of her employment as a midwife at the Royal Oldham Hospital. There are allegations of misconduct which centre on her management of the labour of a particular patient in September 2005. As a result of an investigation into that incident, an issue arose concerning non-disclosure, it is suggested, of a period whilst in the employment of another hospital of supervised practice. The order made originally by the Investigating Committee on 7 January 2006 was reasoned and founded upon the need to protect the public pending the resolution of the disciplinary proceedings.

3. The reason why an extension is sought is relatively simply stated. There was due to be a full hearing of the proceedings before the Council between May and July of this year, but the respondent raised an issue that required further investigation. The issue, put shortly, was that she suggested that she did not know that she was under supervised practice at her previous employers. That plainly was a matter that called for investigation, and the Council has made an investigation with a number of people who used to work with the respondent and obtained evidence dealing with the issue. The matter having gone off, it is now expected realistically to be heard in October of this year. In those circumstances, the Council seeks an extension of the interim suspension order until 31 December.

4. Mrs Merchant is not here today and she is not represented. She was served with the notice of application and relevant papers by letter dated 26 June 2008, sent to the address which she has provided to the Nursing and Midwifery Council. It is a professional obligation upon nurses and midwives to keep the Council in knowledge of their up-to-date address. The papers were sent by recorded delivery and were returned by the Royal Mail on 11 July 2008. It is not entirely clear what the reason for their return was, although it looks as though the recorded delivery envelope was not collected from the sorting office following an inability to deliver it to the address. So the applicants have sought properly to serve the respondent with this application despite her not being here.

5. In all those circumstances, I am prepared to extend the interim supervision order made on 17 January 2006 and renewed thereafter to 31 December 2008.

6. MRS MCDONALD: I am grateful, my Lord, and again I will draft the order and e-mail it to your clerk.

7. MR JUSTICE BURNETT: Thank you.