Nursing and Midwifery Council, R (on the application of) v Moran

1. THE JUDGE: This is an application by the Nursing and Midwifery Council for an extension of the interim conditions of practice order made on 18 August 2010 under article 31(8) of the Nursing and Midwifery Order 2001. The Nursing and Midwifery Counsel seek an extension for a period of 8 months from the expiry of the current interim order of 17 February 2012, which would take it to 16 October 2012.

2. The background facts of this case can be shortly stated. The respondent in this matter, Frances Moran, was alleged by the Nursing and Midwifery Council to lack competence whilst working as a Band 5 Preceptorship Nurse at the Countess of Chester Hospital NHS Foundation Trust. Specifically, it was alleged that between 10 January 2009 and 23 March 2009 the respondent made a series of drug errors. On 23 March 2009, the respondent failed to record clinical observations and assessments, failed to escalate to a senior nurse, allowed a patient to leave the ward and failed to record that the patient had left the ward. It was also alleged that the respondent inappropriately turned off treatment to an unknown female patient on unknown dates between 8 December 2008 and 31 January 2009.

3. During the original 18-month interim order there have been delays in progressing the matter, as counsel for the Nursing and Midwifery Counsel, Miss Nejranowski, candidly accepts. The reasons for these delays appear to have been due to the large number of cases that are currently being dealt with but it is not entirely clear.

4. The respondent has during this period been allowed to continue to work as a nurse but under restrictions. Recently, however, she was suspended by her current employers for further incidents whilst under the current conditions of practice order which was imposed upon her.

5. Miss Nejranowski has informed me that it is hoped that the hearing in relation to the respondent will be scheduled between May and July this year and seeks an 8-month extension in order to give some flexibility. This is the first application that has been made for an extension in this case. The overriding principle is the protection of the public, as she points out.

6. In my judgment, it would be appropriate to grant an extension of the length that she seeks. I therefore grant an order in the following terms:

7. 1. The interim order be extend to 4.00 pm on 16 October 2012.

8. 2. The respondent has permission, on giving 3 days' written notice to the applicant, to apply to the court to vary or discharge this order.

9. 3. No order as to costs.