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

1. MR JUSTICE PARKER: This is an application under Section 31 (8) of the Nursing and Midwifery Order 2001 for an extension to the interim suspension order made by the Panel of the Council Practice Committee on 18 July 2006 - and reviewed on 16 January 2007, 27 March 2007, 24 July 2007 and 23 October 2007 - to suspend Mr Khoulowa's registration for 18 months. The High Court extended the order from 17 January 2008 for 12 months and the order was then reviewed by the Council Practice Committee on 23 January 2008, 16 April 2008, 16 July 2008 and 29 October 2008. The High Court extended the order from 16 January 2009 for six months. The order was then reviewed by the Council's Practice Committee on 28 January 2009 and 22 April 2009. The High Court extended the order again from 16 July 2009 for six months. The order was then reviewed by the Council Practice Committee on 30 July 2009. An extension of the interim suspension order for a further six months is sought.

2. I have before me, amongst other documents, a witness statement of Mr Mark Mallinson on behalf of the applicant. The history of the proceedings against Mr Khoulawa is set out in paragraph 20 of that witness statement.

3. I refer briefly to the background. On 13 January 2006 a letter of referral was received from Dr Adams, a medical practitioner at Bootham Park Hospital, which is part of the Selby and York NHS Primary Care Trust ("the Trust"). This referral had followed an initial letter from Dr Adams to the Nursing and Midwifery Council dated 5 September 2005 in which he stated that Mr Khoulowa was at the time an in-patient under his care and detained under Section 3 of the Mental Health Act 1983 . Dr Adams stated that Mr Khoulawa was suffering from alcohol dependence, insulin-dependent diabetes, mellitus and cerebral infarcts. Dr Adams expressed concern that if Mr Khoulowa returned to work as a nurse, as he hoped, he might put patients at risk; and, secondly, a letter from Dr Adams dated 17 October 2005 to the Nursing and Midwifery Council, together with his report which he had provided for a Mental Health Review Tribunal. He concluded in that report that Mr Khoulowa fulfilled the criteria for further detention under the Mental Health Act.

4. On 5 June 2006 Mr Khoulowa was advised in writing that the investigating committee would consider the allegation at a meeting on 18 July, namely that for an unknown period in 2005 he suffered from alcohol-dependence syndrome, insulin-dependent diabetes, mellitus, cerebral infarcts and was detained under Section 3 of the Mental Health Act at Bootham Park Hospital. The subsequent paragraphs of that witness statement set out the history of the matter and the interim orders made subsequently. The position now is that following the last order made by this court the proceedings have still not yet been completed. However it is submitted that if a further extension is given for six months it is contemplated that the proceedings will proceed in March or April and then be completed expeditiously.

5. The delay does again cause me some concern because it is 12 months now since the court extended the interim order and it seems to me that with sufficient exercise of the best endeavours the matter could have been recently brought to a conclusion without the need for this court to intervene yet again. However I do not think the delay is sufficient to persuade me that the application should not be granted. It seems to, me having regard to the matters raised in the witness statement, that the allegations against Mr Khoulowa in regard to his health are of sufficient gravity to justify the making of this order in the public interest and for the protection of patients.

6. I therefore make the order for which Miss Forbes has applied.

7. MISS FORBES: I took the liberty of drafting an order in these terms.

8. MR JUSTICE PARKER: Thank you.