Social Work England v Sara Farnsworth
[2023] EWHC 2455 (Admin)
Social Work England v William Yalden
23 January 2024
[2024] EWHC 86 (Admin)
High Court
A social worker is accused of serious misconduct. A court order preventing him from working temporarily has been extended for 16 months, but not the full 18 months requested. The court is concerned about fairness and also the organization responsible for investigating the case having enough resources. The court also made a ruling about how outside people can get copies of documents from the court case.
Key Facts
- •Application for an 18-month extension of an Interim Suspension Order (ISO) against William Yalden, a social worker.
- •Yalden did not appear or contest the application.
- •Allegations against Yalden include accessing a child's records without cause and fabricating visits/records.
- •Social Work England (SWE) lacked capacity to list new hearings until after April 2025.
- •Yalden had previously stated he wished to leave social work.
Legal Principles
Extension of Interim Suspension Orders (ISOs) under Schedule 2 §14 of the Social Workers Regulations 2018.
Social Workers Regulations 2018, Schedule 2 §14
Guidance in GMC v Hiew [2007] EWCA Civ 369 on extending ISOs applies.
GMC v Hiew [2007] EWCA Civ 369 at §§28, 31-33
Court's power to manage access to documents under CPR 5.4C.
CPR 5.4C
Balancing the need for public protection with the defendant's right to due process.
Sections 4-6
Outcomes
ISO extended for 16 months until 10 June 2025.
Necessary for public protection given the serious allegations, but shorter than requested to mitigate prejudice to the defendant and address resource issues within SWE.
14-day prior notice required for non-party applications to access documents (CPR 5.4C), with liberty to apply to expedite.
To balance transparency with the need to manage access to court records, similar to the approach in SWE v Hunn [2023] EWHC 2609 (Admin).