Introduction
I. Introduction
This is a statutory appeal.
The appellant is Susan Tsolo. For many years, she has been a registered nurse. She qualified as a nurse in South Africa in 1987, then worked in various healthcare and caring roles in this country from 2004, including working as a community nurse, midwife and general nurse. She is therefore a very experienced practitioner. The appellant appears in person.
The respondent is the Nursing and Midwifery Council (“the NMC”), the relevant statutory regulator. The respondent is represented by Ms Churaman of counsel. The court is grateful to counsel and Ms Tsolo for their submissions.
The appeal is brought pursuant to Article 38(1) of the Nursing & Midwifery Order 2001 (“the Order”) against decisions of the respondent’s Fitness to Practise Committee (“FTPC” or “the Panel”) following a substantive hearing between 17 and 28 July 2023. The challenge is to:
the decision to proceed in the appellant’s absence following a refusal of her adjournment application;
the findings of misconduct in relation to each charge;
the imposition of a striking off order;
the granting of an 18-month interim suspension order (“ISO”) under Article 31(1)(c) of the Nursing and Midwifery Order 2001 (“the 2001 order”) following the striking off order.
The Panel’s reasons for its decisions are set out in a letter to the appellant dated 1 August 2023 (“the Reasons”), having earlier informed her of the substance of the outcome. The grounds of appeal (“the Grounds”) and skeleton document are dated 29 August 2023.
The respondent filed a skeleton argument dated 24 April 2025 in preparation for a hearing listed for 8 May 2025 that was postponed to this hearing date in September 2025.
- Heading
- THE HON. MR JUSTICE DEXTER DIAS
- Mr Justice Dexter Dias
- Introduction
- Procedural history
- Findings of fact
- Appeal test
- Issues
- Issue 1: Appeal adjournment
- Issue 2: Adjournment at first instance
- Judicial notice
- Absenting
- Fresh evidence
- Conclusion
- Issue 3: Challenging findings of fact, misconduct & impairment
- Issue 4: Sanction
- Issue 5: Interim Suspension Order
- Conclusions
![AC-LON-2023-002572 - [2025] EWHC 2324 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png)