Social Work England v Susan Hunn
[2023] EWHC 2609 (Admin)
Social Work England v Mohamed Sannoh
3 May 2023
[2023] EWHC 1041 (Admin)
High Court
A social worker is accused of serious misconduct. A court order keeping him from practicing is extended while the case is ongoing, even though the social worker didn't show up to argue against it because he's overseas.
Key Facts
- •Social Work England (SWE) sought a 9-month extension to an Interim Conditions of Practice Order (iCOPO) against Mohamed Sannoh.
- •The iCOPO was initially imposed on 11 May 2021 and previously extended.
- •Sannoh is in Sierra Leone and did not appear in court.
- •The Fitness to Practise Hearing was adjourned until at least August 2023 due to various reasons.
- •The allegations against Sannoh involve dishonesty and failure to safeguard a vulnerable adult.
- •Sannoh contests the allegations.
Legal Principles
The court's power to extend an iCOPO derives from paragraph 14 of Schedule 2 to the Social Workers Regulations 2018.
Social Workers Regulations 2018
The onus is on SWE to demonstrate the necessity of the extension, considering the nature of the interim order and its duration. Necessity is assessed based on the protection of the public and/or public confidence.
GMC v Hiew [2007] EWCA Civ 369
The court can consider the gravity of allegations, nature of evidence, risk of harm, reasons for case delay, and prejudice to the practitioner when assessing necessity.
GMC v Hiew [2007] EWCA Civ 369
Specific rules govern taking evidence from abroad in civil courts (CPR 32.3, PD 32 Annex 3, Practice Note of 11 May 2021). A distinction exists between taking evidence and making submissions.
Various sources including CPR 32.3, PD 32 Annex 3, Practice Note of 11 May 2021, SSHD v Agbabiaka [2021] UKUT 00286 (IAC), Deutsche Bank AG v Sebastian Holdings Inc [2022] EWHC 1555 (Comm), Huber v X-Yachts (GB) Ltd [2020] EWHC 3082 (TCC), R v Kadir [2022] EWCA Crim 1244, Raza v SSHD [2023] EWCA Civ 29
Outcomes
The court granted a 9-month extension to the iCOPO until 8 February 2024.
The court found that SWE demonstrated the necessity of the extension to protect the public and maintain public confidence, given the serious allegations against Sannoh and the adjournment of the Fitness to Practise Hearing.