Nursing and Midwifery Council v Mtisi

MR JUSTICE WILKIE: This is an application by the Nursing and Midwifery Council for an extension of an interim order suspending the respondent's, Tendai Mtisi, registration by the Investigating Committee of the Council. The order was made on 23 August 2010 for a period of 18 months, the expiry date being today, 22 February 2012. The grounds on which it was initially made is said to continue, that it was necessary to protect the public and that it was otherwise in the public interest.

The allegations forming the charge concern an incident which occurred on 20 February 2007 which resulted in the death of an elderly patient at a care home at which the respondent was, at the time, a staff nurse and for whom she was caring at the time. The matter was initially referred to the Council in May 2008, the respondent having already been subject to an internal disciplinary enquiry which had resulted in her dismissal by her then employers in November 2007.

There was then a significant delay between the reference to the Council and the notice of referral to the Investigating Committee being issued in July 2010. That is frankly accepted as being due to an administrative oversight, however, once the matter was referred to the Investigating Committee, matters have proceeded relatively promptly and there is now a scheduled hearing before a panel of the Conduct and Competence Committee to take place between 30 April and 3 May this year. It is anticipated that hearing will be an effective hearing of the charges against the respondent.

The respondent has played no part in responding to the initial interim order or the subsequent reviews of it, or this application for an extension. The extension is requested for a period of six months so as to expire on 22 August 2010, which will be some months after the substantive hearing is anticipated to take place.

In those circumstances, I am satisfied that the protection for the public continues to be necessary in the form of a suspension of registration, having regard to the gravity of the allegations and the prejudice to the respondent.

Accordingly, I grant the extension that is requested for a period of six months, although it is anticipated that a hearing on 1 April will be effective. If there is a further application for extension because the hearing was not for any reason effective, a full explanation can be given to the court so that they may consider any further application in the light of those developments.

MISS NEJRANOWSKI: I am grateful, my Lord. Again, there is a draft order.

MR JUSTICE WILKIE: Yes.