Key Facts
- •Social Work England (SWE) applied for a 12-month extension to an Interim Conditions of Practice Order (iCOPO) against Kimberley-Ann Rose.
- •The iCOPO, imposed on November 2, 2021, was set to expire on May 1, 2023.
- •Ms. Rose, currently in Canada, opposed the extension.
- •The allegations against Ms. Rose include inadequacies in risk assessments, decision-making, communication, record-keeping, and failure to follow instructions.
- •A review panel on March 15, 2023, deemed the allegations credible and serious.
- •Ms. Rose argued that the investigation should conclude, and that the iCOPO prevents her from obtaining social work registration.
Legal Principles
Criteria for extending an iCOPO: necessity for public protection, public confidence, and/or the practitioner's interests.
GMC v Hiew [2006] EWCA Civ 369 at §§28 and 31-33
The onus is on SWE to show the extension is necessary, considering the gravity of allegations, evidence, risk of harm, reasons for delay, and prejudice to the practitioner.
GMC v Hiew [2006] EWCA Civ 369
Outcomes
The court granted a 12-month extension to the iCOPO, until April 30, 2024.
The court found it necessary for public protection and maintaining public confidence to continue the interim order, allowing for a full hearing on the allegations. The court considered the seriousness of the allegations and the need for due process. The prejudice to Ms. Rose was outweighed by the public interest.