Key Facts
- •Social Work England (SWE) sought a 14-month extension to an Interim Suspension Order (ISO) against Peter Charles Fletcher.
- •The ISO was originally imposed on 19 February 2021 and had been previously extended.
- •Fletcher did not contest the application but did not consent to it either.
- •Allegations against Fletcher include wide-ranging practice failings and potential health-related fitness to practice concerns.
- •Fletcher applied for voluntary removal from the social worker register, which was refused.
- •Fletcher does not wish to return to social work practice.
Legal Principles
The court must consider the necessity of an ISO extension for public protection and confidence.
Schedule 2 §14 of the Social Workers Regulations 2018
Guidance from GMC v Hiew [2007] EWCA Civ 369 on extending interim orders applies.
GMC v Hiew [2007] EWCA Civ 369 at §§28, 31-33
The court considers risk, public protection, and proportionality when deciding on ISO extensions.
Implicit in the judgment
Court permission is needed to obtain documents under CPR 5.4C(2).
CPR 5.4C(2)
Outcomes
The 14-month extension to the ISO was granted, until 15 December 2024.
SWE demonstrated the necessity of the extension for public protection and confidence, outweighing any prejudice to Fletcher.
The application for the extension was considered on its merits, not as agreed or consented to.
Fletcher did not actively contest the application, but the judge did not treat the lack of opposition as consent.
An order was made requiring 14 days' notice to parties before a non-party can apply for documents under CPR 5.4C.
To protect sensitive health information potentially contained in documents.