Social Work England v Sara Farnsworth
[2023] EWHC 2455 (Admin)
Social Work England v Emma Louise Dean
11 October 2023
[2023] EWHC 2520 (Admin)
High Court
A social worker, Emma, wants to be removed from the register because she's unwell and retired. The court needs to decide if to keep her temporarily suspended from working. The judge decided to keep her suspended for a few more months, but told the people investigating her that they need to hurry up and finish the case quickly.
Key Facts
- •Emma Louise Dean, a social worker, is subject to an interim suspension order (ISO) imposed in July 2021.
- •The ISO was extended in January 2023 and is due to expire on October 25, 2023.
- •Ms. Dean wishes to be removed from the register and has no intention of working as a social worker again.
- •The case concerns issues relating to Ms. Dean's health, neglect, and a criminal conviction.
- •Social Work England (SWE) seeks an 18-month extension of the ISO.
- •The referral to a final hearing was made in February 2022.
Legal Principles
Guidance on extending interim suspension orders.
GMC v Hiew [2007] EWCA Civ 369
Extension of interim suspension orders under Schedule 2 §14 to the Social Workers Regulations 2018.
Social Workers Regulations 2018
Interim suspension orders must be necessary and proportionate for the protection of the public and the public interest.
Implicit in the judgment
Court's role in ISO extension is limited to determining necessity and proportionality; not to decide on cancellation of registration or halt disciplinary proceedings.
Implicit in the judgment
Outcomes
The interim suspension order is extended for 8 months, until June 24, 2024.
To protect the public interest and maintain public confidence. A longer extension was deemed inappropriate given the lack of progress in the case. The court noted the need for sensitive handling but also emphasized the importance of active progress by SWE.
Application for access to court documents by non-parties requires 14 days' notice to parties.
To protect sensitive information about Ms. Dean's health and children involved in the case.