Social Work England v Sara Farnsworth
[2023] EWHC 2455 (Admin)
Social Work England v Rebecca Gardner
2 February 2024
[2024] EWHC 186 (Admin)
High Court
A social worker was temporarily suspended. The court extended the suspension for 16 months because of serious allegations against her, even though it was hard on the social worker. The court also made a rule about giving people 14 days' notice if they want copies of documents in the case.
Key Facts
- •Social Work England (SWE) applied to extend an Interim Suspension Order (ISO) against Rebecca Gardener.
- •The ISO was initially issued on 19 August 2022 and was due to expire on 18 February 2024.
- •Ms. Gardener did not oppose the extension but raised concerns about its length.
- •The case involves serious regulatory concerns related to Ms. Gardener's conduct as a social worker.
- •SWE cited resource constraints and caseload pressures in justifying the length of the extension request.
- •Ms. Gardener is currently working in a different field and does not intend to return to social work at present.
Legal Principles
Extension of an Interim Suspension Order requires demonstration of necessity for public protection and public confidence.
Schedule 2 §14 to the Social Workers Regulations 2018
Guidance in GMC v Hiew [2007] EWCA Civ 369 at §§28, 31-33 applies to the extension of interim orders.
GMC v Hiew [2007] EWCA Civ 369
The court must consider prejudice to the respondent when deciding on the length of an extension.
Implicit in the judgment's consideration of Ms Gardener's concerns.
CPR 39.2(3) allows for part-private hearings if necessary to protect sensitive information.
CPR 39.2(3)
CPR 5.4C governs applications for obtaining documents from non-parties.
CPR 5.4C
Outcomes
The Interim Suspension Order was extended by 16 months, until 17 June 2025.
The court found that the extension was necessary for public protection and in the public interest, outweighing the prejudice to Ms. Gardener, considering the seriousness of the allegations, the ongoing investigations, and SWE's resource constraints.
14-day notice is required for non-party applications to obtain documents under CPR 5.4C.
To balance the need for access to documents with the interests of the parties.
There was no order as to costs.
Not explicitly stated, but implicit in the order.