Social Work England v Rebecca Gardner
[2024] EWHC 186 (Admin)
Social Work England v Helen Spence
12 April 2024
[2024] EWHC 827 (Admin)
High Court
A social worker faces serious accusations. A court order keeps her from working while the case is investigated. The investigation is taking too long, causing hardship for the worker. The court extended the order for a year, but criticized the slow investigation and urged it to speed up.
Key Facts
- •Application for extension of an Interim Suspension Order (ISO) under Schedule 2 §14 of the Social Workers Regulations 2018.
- •Defendant, Helen Spence, a social worker, is accused of serious regulatory breaches including working without notification while suspended and undertaking actions leading to deprivations of liberty without authority.
- •Defendant did not appear at the hearing due to health reasons, but submitted written arguments.
- •SWE (Social Work England) cited significant delays in their disciplinary process, pushing potential hearing dates to April 2025.
- •Defendant argued the prolonged process caused significant detriment to her physical and mental health and expressed no intention of returning to social work.
Legal Principles
Guidance in GMC v Hiew [2007] EWCA Civ 369 at §§28, 31-33 applies to extension of ISO applications.
GMC v Hiew [2007] EWCA Civ 369
Court considers necessity of extension in the interests of justice and public interest.
Schedule 2 §14 to the Social Workers Regulations 2018
Court must balance public protection and the defendant's well-being when deciding on ISO extension duration.
Paragraphs 9-14
CPR 5.4C governs applications to obtain documents.
CPR 5.4C
Outcomes
The ISO is extended for 12 months, until 2 May 2025.
The court found that an extension is necessary for public protection, but rejected the 18-month extension sought by SWE due to concerns about proportionality and the unacceptable delays in the disciplinary process.
14-day prior notice is required for non-party applications to obtain documents under CPR 5.4C, with liberty to apply to abridge that time.
To balance the need for transparency with the interests of the parties involved.