Social Work England v Ndoda Nathaniel Masinga
[2023] EWHC 2456 (Admin)
Social Work England v Ntandoyakhe Ncube
25 November 2022
[2022] EWHC 3007 (Admin)
High Court
A social worker is accused of doing a bad job. To keep the public safe while they investigate, a judge extended a temporary suspension of their license for 7 more months.
Key Facts
- •Social Work England (SWE) applied to extend an Interim Suspension Order (ISO) against Ntando Yakhe Ncube.
- •The ISO was initially imposed on 18 June 2021 for 18 months.
- •Allegations against Ncube include failing to maintain boundaries with a service user and demonstrating insufficient knowledge, skill, or judgment in various aspects of social work practice.
- •The allegations relate to incidents in 2020 and involve fundamental elements of social work practice, suggesting a pattern of repeated behavior.
- •SWE's investigation is ongoing, with witness interviews and document requests pending.
- •A substantive hearing is anticipated in April 2023 (three months after anticipated disclosure in January 2023).
Legal Principles
Necessity and proportionality of interim suspension orders in the interests of public protection and public confidence.
Section 37 of the Children and Social Work Act 2017 and GMC v Hiew [2007] EWCA Civ 369 at §§28 and 31-33.
Outcomes
The court extended the ISO for seven months, until 16 July 2023.
The court found that the ongoing investigation, potential risk to the public, and the need to maintain public confidence outweighed the prejudice to the respondent. The court was satisfied with the progress of the investigation.