Social Work England v Ndoda Nathaniel Masinga
[2023] EWHC 2456 (Admin)
Social Work England v Tarik Sobrany
19 January 2024
[2024] EWHC 67 (Admin)
High Court
A social worker's temporary suspension was extended by 9 months, not the 18 months requested by the regulator. The judge considered the regulator's heavy workload, but felt a shorter extension was fair, ensuring the case goes to trial while preventing endless delays.
Key Facts
- •Application for an 18-month extension of an Interim Suspension Order (ISO) against Tarik Sobrany.
- •Defendant did not oppose a 9-month extension but contested the 18-month request.
- •ISO imposed on August 2, 2022, following a referral on August 17, 2020.
- •Case Investigation Report produced March 31, 2022; case referred for final hearing October 25, 2022.
- •Final hearing directed for July 8-19, 2024.
- •Social Work England (SWE) cited resource and caseload issues as reasons for needing a longer extension.
- •SWE acknowledged current timescales are unacceptable and that a hearing before April 2025 is unlikely given their financial position if the July 2024 slot is missed.
Legal Principles
Extension of Interim Suspension Orders are governed by Schedule 2, §14 of the Social Workers Regulations 2018 and the guidance in GMC v Hiew [2007] EWCA Civ 369 at §§28, 31-33.
Schedule 2 §14 to the Social Workers Regulations 2018; GMC v Hiew [2007] EWCA Civ 369
The court considers the necessity, justification, and proportionality of the extension, balancing public protection and the impact on the social worker.
Implicit in the Judge's reasoning
The court must scrutinise the justification for a long extension, especially when a hearing date is relatively soon and a delay could be perceived as endorsing under-resourcing.
Judge's reasoning
Outcomes
9-month extension of the ISO granted.
The 9-month extension is deemed necessary, justified, and proportionate to allow for the final hearing within the directed timeframe. A longer extension was rejected due to concerns about endorsing SWE's under-resourcing and potential delay of the final hearing.