Nursing and Midwifery Council v Kirby

1. MRS JUSTICE DOBBS: The Nursing and Midwifery Council seeks an extension of the interim suspension order which was made on 23rd February 2011, under Article 31(8) of the Nursing and Midwifery Order 2001. The extension sought is 6 months.

2. The respondent came to the attention of the applicant on 10th January 2011, following a referral by the Devon and Corwall Constabulary which was conducting an investigation into allegations of possession of indecent images of children. The respondent was convicted at Plymouth Crown Court on 9th January 2012 of 13 offences and sentenced to 12 months' imprisonment.

3. The progress of the NMC's investigation has been delayed due to the need to await the outcome of the police investigation and subsequent prosecution. The Investigation Committee will have to decide whether to refer the case to the Conduct and Competence Committee and, depending on that decision, further procedural steps will have to take place. The extension required is to cover the Conduct and Competence Committee proceedings.

4. The nurse has not responded to the NMC's communications, possibly due to his court proceedings. However, the notice of application has been served on his home address on 12th July and in light of the sentence that was passed he would now be on licence.

5. The Committee found that the allegations, if proven (and now we know they are proven) were very serious. They could cause serious harm to the public and thus the order was necessary on the grounds of public protection and otherwise in the public interest.

6. Having read the papers, I am satisfied that the order is proportionate and is necessary to fulfil those aims but particularly in light now of the respondent's convictions.

7. Therefore I am satisfied that it is appropriate to extend the order for a further 6 months.