Social Work England v Tarik Sobrany
[2024] EWHC 67 (Admin)
Social Work England v Ndoda Nathaniel Masinga
5 October 2023
[2023] EWHC 2456 (Admin)
High Court
A social worker was accused of bad behavior. A court order stopped him from working. The court extended the order for 10 months to allow for more investigation, but refused a longer extension as that seemed too long.
Key Facts
- •Social Work England (SWE) sought a 10-month extension to an Interim Suspension Order (ISO) against Ndoda Nathaniel Masinga.
- •The ISO, initially imposed in April 2021, was concerned with allegations of domestic violence, emotional abuse of a child, and concealment of events.
- •The defendant argued that the initial concerns were historic, sufficient time had elapsed, and a further extension was unduly prejudicial.
- •SWE cited a high caseload, inherited cases, and the impact of the COVID-19 pandemic as reasons for delays.
- •A 12-month extension had previously been granted by the court in October 2022.
Legal Principles
Extension of an interim order requires demonstration of necessity for public protection, including public confidence.
Schedule 2 §14 to the Social Workers Regulations 2018
Court considers risk, not questions of fact or substantive adjudicative matters.
GMC v Hiew [2007] EWCA Civ 369 at §§28, 31-33
Court must examine necessity and proportionality when considering extensions.
CPR 5.4C
Outcomes
10-month extension of the ISO granted until 24 August 2024.
The public interest in protecting the public outweighed the prejudice to the defendant. While acknowledging delays and the defendant's concerns, the court found that further investigation was necessary. A 14-month extension was deemed excessive.
14-month extension request denied.
The court considered a 14-month extension excessive, given previous extensions and the need to avoid setting a wrong precedent.
No order made regarding costs.
Not specified in the judgment.