Social Work England v Kimberley-Ann Rose
[2023] EWHC 992 (Admin)
Social Work England v Robert John Wardale
25 November 2022
[2022] EWHC 3005 (Admin)
High Court
A social worker faced allegations of misconduct. A court extended restrictions on their work for 8 months, but not the full 12 months requested, because the investigation into the allegations was moving too slowly. The court wants the case resolved quickly.
Key Facts
- •Social Work England (SWE) applied to extend an Interim Conditions of Practice Order against Robert John Wardale.
- •The order, imposed on June 14, 2021, related to alleged defaults in child safeguarding visits during Wardale's work for two local authorities.
- •Allegations included a falsely recorded visit and issues concerning safeguarding a sibling group.
- •Wardale denied dishonesty, attributing the false record to human error under pressure.
- •Wardale engaged with the process, provided a written representation, and highlighted positive work reports.
- •SWE's review panel recommended extending the order for public protection and confidence.
- •The case's progress was slow due to multiple issues including investigator changes and court disclosure delays.
- •Wardale argued that a 12-month extension was excessive, citing the impact on his reputation and finances.
Legal Principles
Overarching objective of Children and Social Work Act 2017, section 37.
Children and Social Work Act 2017
Principles of necessity and proportionality in extending practice orders (GMC v Hiew).
GMC v Hiew [2007] EWCA Civ 369
Section 14(3) of Schedule 2 to the Social Workers Regulations 2018 allows for extension of interim orders.
Social Workers Regulations 2018
Outcomes
The court granted an 8-month extension of the Interim Conditions of Practice Order until August 12, 2023.
The court found SWE had demonstrated the necessity and proportionality of the order for public protection and confidence, but a 12-month extension was deemed excessive given the case's slow progress.
No order as to costs was made.
Not specified in the judgment.