The nurse suffered bipolar disorder, and was suspended. She wanted to have her suspension reviewed. The rules made no express provision for such an application.
Held: The absence of an express power did not mean that such a power did not exist. It did. The refusal in this case was not because the health committee of the respondent saw itself as not having a power to do so, but rather on the facts. Though the registration as a nurse or midwife might be a property right protected by the Convention, that right had not been infringed.
Judges:
Schieman, Sedley, Jacob LJJ
Citations:
[2003] EWCA Civ 1600, Times 12-Nov-2003
Links:
Statutes:
European Convention on Human Rights, Nurses, Midwifery and Health Visitors (Professional Conduct) Rules (1993 no 893)
Jurisdiction:
England and Wales
Health Professions, Human Rights
Updated: 08 June 2022; Ref: scu.188118