Nursing & Midwifery Council, R (on the application of) v Singleton [2011] EWHC 2053 (Admin)

Case No CO/6614/2011[2011] EWHC 2053 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Venue Royal Courts of JusticeDate Tuesday, 19 July 2011
Strand
London WC2A 2LL
B e f o r e:
MR JUSTICE SUPPERSTONE
Between
THE QUEEN ON THE APPLICATION OF NURSING & MIDWIFERY COUNCILClaimantv
Between
SINGLETONDefendant
Computer-Aided Transcript of the Stenograph Notes ofWordWave International LimitedA Merrill Communications Company165 Fleet Street London EC4A 2DYTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court)
Mr Hunt appeared for Claimant for The Defendant was not represented, did not attend
J U D G M E N T
[1]MR JUSTICE SUPPERSTONE: The Nursing & Midwifery Council, the applicant, seeks an extension of the interim suspension order made by a panel of the council's practise committee on 21 January 2010 - and reviewed on 21 March 2011 and 21 June 2011 - for a period of six months from 20 July 2011 on the grounds that it is necessary for the protection of members of the public and otherwise in the public interest.[2]Miss Singleton, the respondent, a nurse, came to the attention of the applicant in July 2009 following a referral by Basildon & Thurrock University Hospitals NHS Trust (her employer) in respect of allegations of submitting falsified certificates to a private patient unit to which she was seconded as confirmation that she had completed a diploma in high-dependency nursing at the University of Plymouth. The panel's decision making the interim order gave the following reasons:
"This is a serious allegation of falsification of university certificates in an attempt to mislead an employer into believing that she had a qualification which she did not in fact have. The nature of the qualification in high-dependency nursing means that such a misrepresentation, if proven, could result in serious harm to patients."
The interim order was imposed under Article 31 (2) of the Nursing & Midwifery Order 2001 for a period of eighteen months and is due to expire on 20 July 2011.[3]The respondent faces allegations of dishonesty and misconduct. I have read a witness statement made by Amina Kibria who is employed by the applicant as a case officer in the Fitness to Practise Directorate and has the conduct of this case. She sets out the chronology of the progress of the case to date and exhibits relevant documents and correspondence. The case is ready for final hearing which will take place on 28-29 July 2011. It is hoped that the proceedings will be concluded on these dates. However there are a number of witnesses. If for any reason the hearing does not proceed or is not completed and goes part heard it is very likely that it will not be possible to schedule further hearing dates for several months. It is in these circumstances that Mr Hunt, on behalf of the applicant, seeks an extension of six months to ensure an order remains in place until the conclusion of the case.[4]On 13 October 2010 the respondent wrote to the case officer, saying:
"I fully admit the charges set out against me and request a decision be made at a private hearing. However I will accept the panel's decision on the case. I do however not wish to inconvenience yourselves or the list of witnesses further. These were my actions and, with reflection, I know what I did was dishonest and I do not wish my actions to affect my family, some of which are employed within the NHS."
[5]I am informed by Mr Hunt that the respondent was served with notice of today's hearing by first-class post. There is no attendance today by the respondent. I am satisfied that an order extending the interim suspension order made on 21 January 2010 for a period of six months from 20 July 2011 is necessary, and I make the order sought.[6]MR HUNT: I am grateful.

MR JUSTICE SUPPERSTONE: Thank you very much for your assistance.