Source: All England Reporter
Publisher Citation: [2013] All ER (D) 228 (Apr)
Neutral Citation: [2013] EWHC 894 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Mr Justice Simon

Representation C appeared in person.
  Shelley Brownlee (instructed by the Nursing and Midwifery Council Regulatory Legal Team) for the respondent.
Judgment Dates: 23 April 2013

Catchwords

Medical practitioner - Disciplinary panel - Erasure of name from register - Appellant registered nurse being convicted of driving with excess alcohol and assault by beating - Respondent council finding appellant's fitness to practice currently impaired and concluding only appropriate sanction being striking off - Appellant appealing against decision - Whether refusal to allow adjournment for appellant to consult psychiatrist wrong - Whether respondent falling into error in finding fitness to practice impaired - Whether striking off order wrong in circumstances.

The Case

Medical practitioner Disciplinary panel. The appellant, C, a registered nurse, was convicted of driving with excess alcohol and assault by beating, as a consequence of which he was made the subject of an interim suspension order by the respondent council. Following a hearing of the allegations before a panel of the respondent's Conduct and Competence Committee (the panel), the panel found, amongst other things, that C's fitness to practice was currently impaired and concluded that the only appropriate sanction was striking off. C appealed against the decision to remove his name from the respondent's register. The Administrative Court, in dismissing the appeal, held that the panel had been fully entitled to reach the conclusion that C's current fitness to practice had been impaired by reason of his convictions. Further, it had been entitled to the view that the nature of the assault had been such that only a striking-off order had been appropriate.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.