Nursing and Midwifery Council v Ademiluyi
2014
ADMINISTRATIVE COURT
UK
CORAM
- SIR STEPHEN SILBER
Areas of Law
- Administrative Law
- Criminal Law and Procedure
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The Nursing and Midwifery Council sought an extension to an interim suspension order against nurse Adeola Yemi Ademiluyi, discovered with false documents and accused of fraud. The interim order, initially from May 2012, was extended as criminal proceedings were pending. The court decided the extension was necessary considering the allegations' gravity and potential risks to the public.
J U D G M E N T
SIR STEPHEN SILBER: The Nursing and Midwifery Council ("The Council") makes an application under article 31(8) of the Nursing and Midwifery Order ("the Order") for a 10‑month extension of an interim order imposed upon the respondent Adeola Yemi Ademiluyi, ("the respondent"), suspending her registration as a nurse.
The respondent was employed as a registered nurse by NHS professionals in Watford as a bank nurse from September 2006. During an internal investigation into an alleged clinical issue, the recruitment file of the respondent was reviewed by her employers and an apparent false passport, National Insurance number, and bank certificate were discovered. These documents had been submitted when by respondent she applied for her job. Subsequent enquiries with the UK Border Agency revealed that the respondent had been refused leave to remain in the United Kingdom and had overstayed since 8 October 2005, but she never had permission to work in the United Kingdom.
The respondent was subsequently charged with possession of false identity documents and fraud, and she was bailed, and she had been due to stand trial at St Albans Crown Court, starting last Monday.
The background to the application for the interim order is that under article 31(2) of the Order, a Practice Committee can make an interim order where it is satisfied that such an order is necessary for the protection of members of the public or otherwise in the public interest or in the interest of the person concerned. The respondent's case first came before a panel of the Investigating Committee on 31 May 2012, and an interim suspension order was made for a period of 18 months.
The interim order has been reviewed on eight occasions, with the last occasion being on 20 August 2014, and is due to expire on 30 November of this year. The investigation is on hold while the criminal trial proceeds, and the case remains with the Investigating Committee. There is jurisdiction under article 31(8) of the Order to extend or further extend up to 12 months the period for which an order has effect.
It is clear from a judgment concerning the similar regulatory regime of the General Medical Council in General Medical Council v Dr Stephen Chee Cheung Hiew [2007] EWCA Civ 369 that when a disciplinary body is considering granting an extension, the factors to take into account are the gravity of the allegations, the seriousness of risk and harm to the patients, the reason why the case has not been