The registrant faced an interim order panel from the Nursing & Midwifery Council, which proposed an 18-month suspension. As the primary breadwinner, this sanction would have put him and his family in severe financial distress. Therefore, Regulatory Defence represented his interests at the virtual hearing.
Through the combined efforts of Regulatory Defence and 23 Essex Street Chambers Counsel, Kevin Saunders, we were able to offer the registrant expert legal advice and representation at the hearing for a very reasonable and competitive price.
The review of the documentation from the NMC revealed a lack of evidence to support their claim that an 18-month suspension was necessary based on the following points:
After a conference with Counsel and Regulatory Defence before the hearing, the Nurse agreed to present a strong rebuttal to the interim order panel. They argued that the concerns under investigation did not justify a suspension and that the proposed action was unsupported and disproportionate. Ultimately, through Kevin Saunders’ expert submissions, the panel decided that a suspension was unnecessary. Instead, they imposed interim conditions of practice, allowing the registrant to continue working.
An NMC interim order is a temporary measure that the NMC can apply for at any point during a fitness to practise investigation, before any final finding has been made. Interim orders are considered by an Interim Orders Committee, which meets in private. The NMC applies for an interim order where it believes it is necessary to protect the public or is otherwise in the public interest, or is in the interests of the registrant themselves.
The two types of interim order most commonly sought are an interim conditions of practice order, which allows the registrant to continue working subject to specified restrictions, and an interim suspension order, which removes the registrant from the register entirely until the substantive case is resolved. An interim suspension order can have an immediate and devastating effect on a nurse or midwife’s livelihood, and the NMC’s submissions in support of such an order must be scrutinised carefully.
Registrants are entitled to attend the interim order hearing and to be legally represented. Written submissions can be provided in advance. The panel must apply the statutory test, asking whether an interim order is necessary and proportionate. A well-constructed challenge to the NMC’s case, supported by evidence and submissions that address each of the three grounds directly, can result in the NMC’s application being refused or a less restrictive order being imposed. In this case, the panel imposed conditions of practice rather than the 18-month suspension the NMC was seeking.
Interim orders are reviewed every six months and can be revoked, varied, or confirmed at each review. If you have received a notice of an interim order application, contact us immediately. Time is short and early preparation significantly affects the outcome.
If you are a nurse or midwife facing NMC fitness to practise proceedings, our NMC defence solicitors can advise and represent you at every stage.If you have received notice from your regulator regarding an investigation into your fitness to practice or if you have been notified of an interim order hearing to consider suspension or practice conditions, then please contact Regulatory Defence today for a no obligation telephone consultation to see how we can help.