Social Work England v Ntandoyakhe Ncube
[2022] EWHC 3007 (Admin)
Social Work England v Mark Simon Richard Burnham
18 July 2023
[2023] EWHC 1895 (Admin)
High Court
A social worker is accused of misconduct. A judge temporarily stopped him from working while the case is investigated. The investigation is taking a long time. The judge decided to keep the social worker from working a bit longer until the case is finished, to protect the public.
Key Facts
- •Social Work England (SWE) applied to extend an interim suspension order against Mark Simon Richard Burnham.
- •The interim suspension order was initially imposed on July 29, 2021, for 18 months and subsequently extended.
- •The current application sought an extension until April 26, 2024, to allow for a final fitness to practice hearing scheduled for December 4-11, 2023.
- •Mr. Burnham opposed the extension, citing lack of need for the order, excessive delay in the investigation, and the order's impact on his health.
- •The allegations against Mr. Burnham relate to inappropriate behavior towards a young female service user.
- •A previous court hearing in January 2023 extended the order until July 27, 2023.
Legal Principles
Criteria for extending an interim order are the same as for the original order: protection of the public, public interest, or the practitioner's own interests.
General Medical Council v Hiew [2007] EWCA Civ 369
The court's function is to ascertain whether the allegations, not their truth, justify prolonging the suspension.
General Medical Council v Hiew [2007] EWCA Civ 369
The court should consider the over-arching objective of the regulator, which is the protection of the public, including promoting public confidence in social workers and maintaining proper professional standards.
Children and Social Work Act 2017, s37
On a further application for extension, the court must be fully informed about the earlier order, evidence, submissions, court's order, reasons, and observations.
Paragraph 14(2),(3) of Schedule 2 of the 2018 Regulations
Outcomes
The interim suspension order was extended until January 31, 2024.
The public interest in protecting the public and maintaining confidence in the profession outweighed Mr. Burnham's arguments. The court found no culpable delay after the January 2023 hearing and deemed the December 2023 hearing date to be the earliest possible.