Key Facts
- •The Nursing and Midwifery Council (NMC) applied to extend conditions on Mr. Persand's nursing practice under article 31(8) of the Nursing and Midwifery Order 2001.
- •The referral against Mr. Persand stemmed from allegations of unsafe care at Care Home A, bullying and dishonesty in job applications at Care Homes B and C.
- •Significant delays occurred in the NMC's investigation, spanning over two years due to various factors including regrettable oversights, difficulties with witness statements, and slow document disclosure from external agencies.
- •An interim suspension order was initially imposed in June 2022, later converted to conditions on practice in June 2023.
- •Mr. Persand completed relevant training but was unable to secure nursing work due to the imposed conditions, working instead as a healthcare assistant.
Legal Principles
Article 6 ECHR applies to professional regulatory proceedings, requiring proceedings to be concluded within a reasonable time.
Le Compte, Van Leuven and De Meyere v Belgium (1981) 4 EHRR 1; R (G) v Governors of X School and another [2012] AC 167; section 6(1) of the Human Rights Act 1998; Beaumartin v France (1995) 19 EHRR 485.
Interim suspension or conditions on a nurse's registration are only justifiable under article 31(2) of the Order if necessary for the protection of the public or otherwise in the public interest.
Nursing and Midwifery Order 2001, article 31(2).
Public interest grounds for suspension are relatively rare; the bar for imposing interim sanctions should be high.
R (Sheikh) v General Dental Council [2007] EWHC 2972.
When extending interim orders, courts consider the gravity of allegations, risk of harm, reasons for delays, and prejudice to the practitioner (GMC v Hiew [2007] EWCA Civ 369). Reasonable diligence in progressing the case by the NMC is also a relevant factor.
GMC v Hiew [2007] EWCA Civ 369.
The 'necessary' test for interim orders requires a high bar, meaning more than desirable but less than indispensable (R (Hussain) v Sandwell Metropolitan Borough Council [2017] EWHC 1641 (Admin)).
R (Hussain) v Sandwell Metropolitan Borough Council [2017] EWHC 1641 (Admin).
Outcomes
The NMC's application to extend conditions on Mr. Persand's practice was granted in part.
The court found that some limited conditions were necessary to protect the public, specifically preventing Mr. Persand from being the sole nurse on duty, but that the existing conditions were overly restrictive and unnecessary in their entirety. The court highlighted significant delays in the NMC's investigation and questioned the application of the 'necessity' test by the Practice Committee.