Nursing & Midwifery Council v. Riberio
In the High Court of Justice, King’s Bench Division, Administrative Court
Case Number CO/4090/2022
Before Deputy Judge Kate Grange, KC
Decided on December 16, 2022

Relevancy of the case: Application to extend interim suspension against a nurse accused of computer misuse and sexual assault of several patients

Statutes and Provisions Involved

• The Nursery and Midwifery Council Order 2001 (Article 38(1))

Relevant Facts of the Case

• The respondent is a registered nurse. The police arrested him for sexually assaulting and raping several patients.
• An investigation committee suspended him via an interim order for 18 months. It reviewed and continued the interim order on 5 additional occasions.
• Upon its last order to extend the suspension of 12 months, it required a consent order from the court, which it granted.
• The applicant seeks to extend the interim order for another 12 months.

Prominent Arguments by the Counsels

• The applicant’s counsel argued that the respondent had already been charged with rape and sexual assault by the police. She submitted a witness testimony and several documents contending that the respondent was suspended for public interest and safety.

Opinion of the Bench

• The court noted that all the charges against the respondent are serious.
• These charges are part of the respondent’s nursing profession and can harm the patients.

Final Decision

• The court granted the application and extended the interim suspension by an additional 12 months.

Aarya Tyagi, an undergraduate student at the Institute of Law, Nirma University, Ahemadabad, prepared this case summary during his internship with The Cyber Blog India in May/June 2024.