Interim order application - two days’ notice

Interim order applications are made by regulators when they take the view that a professional’s practice should be restricted either by suspension or by conditions of practice whilst an investigation is ongoing. The applications are decided at a hearing by a panel of members appointed from a list approved by the regulators. The hearing is usually notified to the professional 7-10 days in advance.

Recently I was instructed to represent a nurse at an interim order hearing. The nurse approached me with only two days’ notice of the hearing, which meant a very quick turn around between instruction and being ready to represent before the panel. The allegation was a serious one, involving a police arrest and investigation in respect of a serious sexual assault.

We are used to juggling priorities to deal with such applications - as a result, we were fully prepared on the day of the hearing to properly represent our client’s interests. After hearing our arguments and reviewing the documents we had submitted, the panel found that no interim order was necessary and permitted our client to continue practising without restriction.

An interim order would have been devastating for our client, both professionally and financially. Fortunately, although they didn’t act as early as they could in seeking our advice and assistance, they did act and thereby secured a successful outcome.