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Nursing and Midwifery Council, R (on the application of) v Salauroo

[2011] EWHC 190 (Admin)

Case No. CO/13104/2010
Neutral Citation Number: [2011] EWHC 190 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2A 2LL

Date: Tuesday, 25th January 2011

B e f o r e:

MRS JUSTICE COX DBE

Between:

THE QUEEN ON THE APPLICATION OF NURSING AND MIDWIFERY COUNCIL

Claimant

v

ISMAEL ACKBARALLY SALAUROO

Defendant

Computer-Aided Transcript of the Stenograph Notes of

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Ms A Thompson (instructed by the Nursing and Midwifery Council) appeared on behalf of the Claimant

The Defendant did not appear and was not represented

J U D G M E N T

1.

MRS JUSTICE COX: In this case, the Council apply, under Article 31(8) of the Nursing and Midwifery Order 2001, for a three month extension of the interim suspension order of 18 months imposed on the respondent's registration by the Investigating Committee on 30 July 2008, and reviewed and continued since then on five occasions.

2.

On 27 January 2010, this court extended the interim order for a period of 12 months and that extension is therefore shortly to expire. The allegations are serious, involving as they do the respondent's previous conviction, his failure to disclose that conviction on an application form, and his alleged failure properly to treat vulnerable adults in a care home and to administer important medications to them.

3.

The Investigating Committee have now reconsidered the case, following the investigation and conclusion that there is a case to answer. They decided to refer the case to the Conduct and Competence Committee, who considered this case on 6 January 2011 and determined that the hearing in this matter should be by way of a private meeting. The substantive meeting is now set for 4 February 2011.

4.

Whilst I acknowledge there has been some delay in this case, the allegations against the respondent are clearly serious and appear sufficiently supported by the material currently before me, considered only for the purposes of this application. I am satisfied that it remains in the public interest and necessary for the protection of the public that there is the extension now sought.

5.

I add that this respondent has never engaged with the Council in these proceedings and does not appear today. I can identify no prejudice that would be caused to him by granting the applications sought.

6.

There will therefore be an extension for three months of the interim order in this case.

Nursing and Midwifery Council, R (on the application of) v Salauroo

[2011] EWHC 190 (Admin)

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