The Nursing and Midwifery Council v Sengu [2017] EWHC 2639 (Admin)

If this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person.This Transcript is Crown Copyright.  It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority.  All rights are reserved.CO/4036/2017[2017] EWHC 2639 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
THE ADMINISTRATIVE COURT
Venue Royal Courts of JusticeDate Thursday, 12 th October 2017
Before
ROBIN PURCHAS QC(Sitting as a Deputy Judge of the High Court)
B E T W E E N:
Between
THE NURSING AND MIDWIFERY COUNCILApplicantSENGURespondent
Transcribed by Opus 2 International Ltd.(Incorporating Beverley F. Nunnery & Co.)Official Court Reporters and Audio Transcribers5 New Street Square, London EC4A 3BF Tel: 020 7831 5627 Fax: 020 7831 7737admin@opus2.digitalThis transcript has been approved by the Judge
MS J BURGESS (instructed by the Nursing and Midwifery Council) appeared for Applicant. for THE RESPONDENT did not attend and was not represented
J U D G M E N TIf this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person.This Transcript is Crown Copyright.  It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority.  All rights are reserved.THE DEPUTY JUDGE:
[1]The applicant seeks a further extension for the interim suspension order from 13th October for three months; that is, until 12th January 2018.[2]The allegations arise from a referral on 15th October 2014 from the Counter Fraud Service that she falsely represented that she had obtained academic qualifications in Zimbabwe by presenting a false certificate when applying to the University of Hertfordshire for a diploma in mental health nursing.[3]The interim suspension order was originally made on 29th January 2015. Since then, as part of seeking to lift that interim order, she presented a further certificate that is also alleged to be false, in that it had been altered.[4]These are grave charges, and when they came before the court, and indeed before me, on 6th April 2017, I concluded then that the importance of the risk to patients and protection of the public, as well as the gravity of the charges and confidence in the profession, outweighed any prejudice in its continuance to the respondent. The period of six months was to enable the proceedings to be concluded. The further delay has arisen in part from the difficulties in obtaining information because of the parallel criminal investigation, and, more recently, largely because of the delay in response from the respondent in providing the standard directions form, which took from January to July of this year to obtain the full information.[5]The date for hearing has now been fixed for 19th and 20th October 2017, and I consider, having regard to the reasons for the delay, the gravity of the allegation, the risk to patients and the importance of protection of the public and confidence in the standards of the profession outweigh any continuing prejudice to the respondent. So in those circumstances, I make the further order for an extension. I do make clear that any further extension from this court would require very specific justification to avoid continuing prejudice to the respondent.[6]I therefore order that the interim order be extended to 4 p.m. on 12th January 2018. The respondent has permission on giving three days' written notice to the applicant to apply to the court to vary or discharge the order. There will be no order for costs.