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

1. MR JUSTICE NICOL: This is an application by the Nursing Midwifery Council for the interim order of suspension that has been made in relation to Shan Amanda Smith to be continued for another 12 months.

2. Ms Smith is a midwife. The difficulties that have given rise to the application first became apparent in 2006 when it is said that she failed to report to a consultant a antepartum haemorrhage in a pregnant mother and that Ms Smith failed to do that for some two hours. That incident led to her being required to undergo 450 hours of supervised practice, which took place up until December 2006.

3. The respondent had been working in Gibraltar and had been at the time of the incident to which I have referred. She returned there in 2007. However, a second incident occurred in July 2008, which led to an investigation that expressed concerns about accountability, multi-disciplinary working, communications and record keeping. The concern was the greater because this was the second incident and also because it had occurred notwithstanding the intensive period of supervision to which she had been subjected.

4. She was suspended by the local supervising authority in August 2008 and the matter was referred to the NMC in September 2008. In April 2009, the investigating committee of the NMC considered the matter and suspended the respondent from registration for 18 months, that being the maximum period that the legislation permitted.

5. The question of the respondent's suspension was reviewed periodically as required by the investigating committee and in each case it was continued.

6. By the summer of 2010, the investigations were complete and the matter had to be considered by the investigating committee with a view as to whether it should be referred to the Competence and Conduct Committee. On two occasions, in July 2010 and September 2010, the investigating committee was unable to proceed because it was not satisfied that adequate notice had been given to the respondent. Mr Hafejee on the applicant's behalf this morning tells me that the investigating committee has since then met and has decided that it will indeed refer the matter to the Conduct and Competence Committee.

7. The test to be applied under Article 31(8) of the Nursing and Midwifery Order 2001 is whether it is necessary for the protection of members of the public or is otherwise in the public interest or is the interests of the person concerned for the registrant to be suspended.

8. I am satisfied on the information that has been provided to me that that is the case and that the suspension ought to be continued. However, as I have indicated to Mr Hafejee in the course of his submissions to me this morning, it seems to me that it is desirable and fair to the respondent to impose that suspension for a shorter period than has been requested, so that, if necessary, the court can review the matter and satisfy itself that the proceedings are being conducted in a reasonably expeditious manner.

9. In those circumstances, I will extend the suspension for six months from the time when it would have otherwise expired.

10. MR HAFEJEE: My Lord, I can hand up a draft order.

11. MR JUSTICE NICOL: Thank you. (handed) (Pause)

12. There you go.