Source: All England Reporter
Publisher Citation: [2009] All ER (D) 232 (Oct)
Neutral Citation: [2009] EWHC 2131 (Admin)
Court: Queen's Bench Division, Administrative Court (Leeds)
Judge:

Judge Grenfell sitting as a judge of the High Court

Representation Dr Karen Johnson (instructed by the Royal College of Nursing) for the appellant.
  Melanie McDonald (instructed by the Nursing and Midwifery Council) for the respondent.
Judgment Dates: 13 August 2009

Catchwords

Medical practitioner - Disciplinary proceedings - Procedure - Appellant's fitness to practise allegedly impaired by reason of mental health - Respondent Nursing and Midwifery Council's Health Committee making finding of impairment and imposing 12-month conditions of practice order - Parties agreeing committee's decision vitiated by procedural irregularities - Whether matter should be remitted for re-consideration or whether decision should be quashed outright - Nursing and Midwifery Council (Fitness to Practise) (Amendment) Rules 2007, .

The Case

Medical practitioner Disciplinary proceedings. The Administrative Court held that, in all the circumstances, the decision of the Nursing and Midwifery Council's investigation committee that the appellant's fitness to practise was impaired should be quashed outright, rather than being remitted for re-consideration, where both parties had agreed that the decision could not stand because of procedural irregularities but had disagreed as to the appropriate next step.

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