Royal Courts of Justice
Strand
London WC2A 2LL
B e f o r e:
HIS HONOUR JUDGE ANTHONY THORNTON, QC
(sitting as a Judge of the High Court)
Between:
NURSING AND MIDWIFERY COUNCIL
Applicant
v
CHILES
Respondent
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Ms L Hoggett-Jones (instructed by NMC) appeared on behalf of the Applicant
The Respondent was not represented and did not appear
J U D G M E N T
HIS HONOUR JUDGE THORNTON: In this case, the Nursing and Midwifery Council v Afta Chiles, CO/4674/2014, the application is for an extension of the interim suspension order, which was due to expire on 18 October 2014 and which had originally been imposed on 19 March 2013 and extended by this court on 14 March 2014.
A further extension is sought, but from 18 October 2014 to 17 February 2015. A hearing between 3 and 7 November 2014 has now been fixed. I grant the extension as sought.
I observe that in this case the allegations of a failure to fulfil managerial duties apparently relate to alleged failures between March 2008 and July 2011. The registrant has now been suspended since March 2013. The case is, therefore, becoming somewhat ancient.
I have been helpfully informed by counsel that the NMC have been made aware of the possibility of the registrant seeking a further adjournment on the grounds of ill health. This is not yet the subject of application and no such application may, in fact, ever be made. Indeed, the indication that I have referred to may not factually be accurate.
I would merely observe that if an application on the grounds of ill health is made, it will, of course, have to be considered fully by the appropriate member or members of the Tribunal in this case. One would anticipate that if such an application was made, it would be, or certainly should be, supported by medical evidence. A medical certificate would not be sufficient given the factual background in this case.
I make these observations because if, regrettably, a further application will have to be made to further extend time as a result of the inability to complete the hearing in the present allocated period of time, this court will need to consider with some care whether the basis upon which the application will be made, namely the inability to complete the hearing within the allocated period ending on 7 November, has occurred as a result of the reasonable consideration of reasonable grounds for either an adjournment or for a failure to complete within time.
However, for present purposes, I am concerned with the existing facts. For the reasons that I have given, I will give the extension sought.