A submitted to the High Court that no real clinical concerns regarding her health had been identified, there had been a significant delay in the GMC progressing the matter including an eighteen month delay in obtaining three witness statements, that the continuing inability to work had been harsh, and that the court should consider varying the order.
Haddon-Cave J considered there to be a formidable case for suggesting A's fitness to practise was impaired, and that there was good reason to explain the time taken to progress the case, including A's five month delay in responding to the GMC's invitation to undergo an assessment of her health. He further noted that the conditions did not entirely prevent A from practising.
In considering whether to vary the order, Haddon-Cave J stated that he was satisfied that the case had been progressed with reasonable expedition by the GMC in all the circumstances, that there were good reasons put forward for an extension of time, and that the extension of time requested was reasonable in all the circumstances. He further stated that he was not satisfied that it would be appropriate for the court to seek at this juncture to consider potential variations to the conditions, stating that it was unclear whether or not the court had the power to do so in any event, and that it would be rare that the court would make such an order "without having had the benefit of the deliberations and guidance and first stab by the IOP".
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