Social Work England v Susan Hunn
[2023] EWHC 2609 (Admin)
Social Work England v Kimberley-Ann Rose
28 April 2023
[2023] EWHC 992 (Admin)
High Court
A social worker faces serious accusations of misconduct. To protect the public, a court extended a temporary order restricting her practice for another year while the investigation continues. The social worker argued the investigation is taking too long, but the judge said protecting the public is more important.
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.