Royal Courts of Justice
Strand
London WC2A 2LL
B e f o r e:
JOHN HOWELL QC
(Sitting as a Deputy High Court Judge)
Between:
THE QUEEN ON THE APPLICATION OF THE NURSING AND MIDWIFERY COUNCIL
Claimant
v
IKEJIAKU
Defendant
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Mr N Jeffs (instructed by the NMC) appeared on behalf of the Claimant
The Defendant did not appear and was not represented
J U D G M E N T
THE DEPUTY JUDGE: This is an application by the Nursery and Midwifery Council under article 31(8) of the Nursing and Midwifery Order for an extension of the interim suspension order made on May 20 2012 against Miss Ikejiaku by the Council's Practice Committee for 6 months from September 27 2014, on the ground that the extension is necessary for the protection of the members of the public and it is otherwise in the public interest.
The relevant principles governing an extension in a case such as this are set out in the General Medical Council vDr Stephen Chee Cheung Hiew [2007] EWCA Civ 369, [2007] 1 WLR 2007, at [31] to [33].
The latest extension was granted by Mr Simon Bryan QC, sitting as a Deputy High Court Judge, on May 21 2014. I have read the transcript of that judgment. I agree with him that the allegations raise serious concerns,which arise from shortcomings in her practice, about the Respondent's competence as a nurse without supervision.
Mr Bryan granted an extension, notwithstanding the delay that had already occurred, to allow the Respondent to provide information from her GP about her fitness to practice, given the contention that she was suffering from Parkinson's disease.
It appears that the information sought was provided on May 28 2014. The Respondent's representatives were then unable to get instructions from her and subsequently ceased to act on her behalf. The Nursing and Midwifery Council has made a number of efforts to contact her and to seek her cooperation about a medical examination without success. On December 10 2014, therefore, a panel chair transferred the matter back to the Conduct and Competence Committee from the Health Committee.
The extension now sought is to allow the matter to be listed for a 4 day substantive hearing conducted by that Committee. It is hoped that this will occur between February and May 2015 but it is anticipated that there may be difficulties in contacting and arranging matters with four witnesses that The Council intends to call.
I have considered the effect which a further extension may have on the respondent. In my judgment the extension is justified in the circumstances and the length of six months is appropriate, given the anticipated date of the hearing.
Mr Jeffs, can you remind me, was the draft order included in the exhibits?
MR JEFFS: My Lord, yes. But I can certainly hand up a further copy.
THE DEPUTY JUDGE: If you could hand that up, that would be helpful to the associate.