Nursing and Midwifery Council v D

1. MR JUSTICE LLOYD JONES: This is an application by the Nursing and Midwifery Council ("the NMC") for an order pursuant to Article 31(8) of the Nursing and Midwifery Order 2001 for the extension for a period of 12 months of an order of interim suspension made against the respondent, D. An interim suspension order was imposed by the Investigating Committee of the NMC on 10th May 2005. That was imposed under Article 31(2) of the 2001 Order for a period of 18 months, and is due to expire on 9th November 2006. The extension is sought for the maximum permitted period of 12 months.

2. On 15th March 2005 the NMC received an allegation from the Leeds Teaching Hospitals NHS Trust that the respondent, a nurse with the Trust, had on 26th January 2005 been arrested and charged by the West Yorkshire Police with a series of sexual offences, including engaging in sexual activity with a child under 16 years.

3. On 10th May 2005 an interim suspension order was made for a period of 18 months, on the basis that such an order was necessary for the protection of the public and because it was otherwise in the public interest. On 17th May 2005 a panel of the Investigating Committee considered the allegations and adjourned the case to await the outcome of the criminal proceedings. On 27th June 2005 the respondent was found guilty of sexual activity with a child, he was found not guilty of a charge of rape, and a charge of engaging sexual activity in the presence of a child over one year was not pursued.

4. On 10th August 2005 the respondent was sentenced to 4 years' imprisonment, comprising a custodial term of 2 years and an extended licence period of 2 years. He was also made subject to notification requirements in the Sex Offenders Act 1997 for 10 years, and was disqualified from working with children. On 8th November 2005 a panel of the Investigating Committee decided to investigate the allegations further. Thereafter, on 8th November 2005, 17th January, 28th March and 20th June 2006 a panel of the Investigating Committee reviewed the suspension order and decided to continue it.

5. On 22nd August a panel of the committee considered the NMC's lawyers' report, statements and exhibits, and decided there was a case to answer. The interim suspension order was continued once again on 8th September 2006. On 26th October 2006 a panel of the Conduct and Competence Committee considered the case and directed there should be a final hearing. A date has not yet been set for that hearing.

6. In all the circumstances, I am satisfied that this is an appropriate case in which the court should exercise its power to extend the interim suspension order for a further period of 12 months, and I do so.

7. MR ARNOLD: I am grateful, my Lord.

8. MR JUSTICE LLOYD JONES: I should say that of course if it is a 2-year sentence with an extended licence period of 2 years, then he is likely to be released much sooner.

9. MR ARNOLD: He has actually already been released.

10. MR JUSTICE LLOYD JONES: He has already been released.

11. MR ARNOLD: Yes, we have that confirmed.

12. We have drafted a preliminary draft order, I do not know whether that would assist.

13. MR JUSTICE LLOYD JONES: That would be very helpful. Do you have that? ( Handed ) ( Pause )

14. I will make an order in those terms.

15. MR ARNOLD: I am grateful.