Social Work England v Susan Hunn
[2023] EWHC 2609 (Admin)
Social Work England v Kelly Anderson
11 October 2023
[2023] EWHC 2519 (Admin)
High Court
A social worker, Kelly Anderson, is under investigation. A court order limiting her practice was extended for six months because it's important to protect the public. The court also made it harder for people outside the case to get copies of documents.
Key Facts
- •Social Work England (SWE) sought a 6-month extension to an Interim Conditions of Practice Order (iCOPO) against Kelly Anderson.
- •The iCOPO was initially imposed on 28 September 2023 and previously extended on 6 December 2022.
- •The allegations against Anderson include a December 2020 incident, response to employer and police, accessing confidential files, and alleged dishonesty.
- •Anderson did not appear or participate in the hearing.
- •The final hearing in the case is scheduled for 26 February 2024 to 1 March 2024.
Legal Principles
Extension of iCOPO requires demonstrating necessity for public protection and public interest, including public confidence.
Schedule 2 §14 to the Social Workers Regulations 2018
Guidance in GMC v Hiew [2007] EWCA Civ 369 at §§28, 31-33 applies to iCOPO extensions.
GMC v Hiew [2007] EWCA Civ 369
Court considers open justice and the need for 14 days' notice for non-party applications under CPR 5.4C for access to documents.
CPR 5.4C
Outcomes
The iCOPO was extended by 6 months until 25 April 2024.
SWE demonstrated the necessity of the extension for public protection and public interest. The prejudice from the iCOPO is outweighed by these interests.
14 days' notice must be given to parties before any non-party application under CPR 5.4C for documents is considered.
Precautionary measure due to references to children in the case documents, despite anonymization.
No order as to costs.
Not specified.