Nursing and Midwifery Council v Ojonugwa
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE COBB
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 of an interim suspension order against a nurse convicted of serious dishonesty charges in 2013. Despite delays attributable to police material procurement and the respondent's detainment, the court extended the suspension for 5 months, balancing minimal prejudice to the practitioner against significant public risk.
J U D G M E N T
MR JUSTICE COBB: By application dated 11 November 2014, the Nursing and Midwifery Council seeks an extension of the interim suspension order made initially on 21 November 2012. This application is made under Article 31(8) of the Nursing and Midwifery Order 2001. The Nursing and Midwifery Council seeks the extension of the suspension for a period of 5 months from 19 November 2014, that is from tomorrow.
The application has been served on the respondent by means of recorded delivery and first class post. The respondent, in circumstances which I shall discuss in a moment, has not attended this hearing, nor has she submitted any written documentation in respect of the same.
I am advised that a paralegal in the regulatory legal team has discussed the application with the respondent's solicitor, who had indicated that a signed consent would be forthcoming for this hearing, although no consent has in fact been supplied.
The suspension order has previously been extended by the High Court on 13 May 2014. The application is supported by a statement of Natalia Fedotova which I have read, together with the exhibits.
In short summary, the respondent was employed as a registered nurse by the Nottingham University Hospital. In October 2012, she was arrested and charged with various offences of dishonesty, including obtaining a pecuniary advantage by deception, obtaining nursing employment on false credentials, and using a forged passport.
On 27 September 2013, following a trial she was convicted of those offences and sentenced to a term of imprisonment of 18 months. I am advised, although I have not in fact seen the sentencing remarks of Her Honour Judge Butler QC, that during the trial the respondent told "lie after lie."
It is now understood that the respondent is seeking to appeal those convictions, albeit that she is significantly out of time for doing so, the grounds of appeal and notice of appeal having been submitted to the Criminal Appeal Office only I believe in or about July 2014.
The respondent's disciplinary hearing was due to have taken place in August 2014, which would have fallen within the period of the last period of suspension. However, this was postponed in the light of the indication from the respondent's representatives that the appeal had been lodged against conviction.
The further period of suspension is designed, says Mr Amesbury, to cover the period in which any appeal against conviction is heard, giving time then for the