Gary Lee McCollam and The Nursery and Midwifery Council
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Judgment Date | 2008 |
| Neutral Citation | [2008] NIQB 89 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 05 September 2008 |
Neutral Citation: [2008] NIQB 89 FINAL Re f:
STE7246
Judgment: approved by the Court for handing down Delivered:
05/09/08
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION
________
BETWEEN:
GARY LEE McCOLLAM
Appellant;
and
THE NURSING AND MIDWIFERY COUNCIL
Respondent.
________
STEPHENS J
Introduction
[1] The appellant, Gary Lee McCollam, 46 (date of birth 22 April 1962) a
nurse, appeals to the High Court against decisions taken on 28 February 2008
by the Conduct and Competence Committee of the Nursing and Midwifery
Council (“the Council”).
[2] Mr Wolfe appeared on behalf of the appellant and Mr Shields
appeared on behalf of the respondent. I am grateful to counsel for the
assistance that I derived from their carefully prepared and well reasoned oral
and written submissions.
The Council and disciplinary proceedings
[3] The Council is a body corporate (see Article 3(1)) of the Nursing and
Midwifery Order 2001 (“the 2001 Order”)). The principle functions of the
Council include establishing from time to time standards of conduct and
performance for nurses and to ensure the maintenance of those standards.
The main objective of the Council in exercising all of its functions is to
safeguard the health and wellbeing of persons using or needing the services
of members of the profession of nursing or midwifery who have been
admitted to the register (“registrants”). The Council is also directed by
Article 21 of the 2001 Order “to establish and keep under review the
standards of conduct, performance and ethics expected of registrants ... and to
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