Social Work England v Charmaine Morgan

Social Work England v Charmaine Morgan

The extension of the Interim Suspension Order is necessary and justified for public protection and public confidence, given the unresolved allegations, the upcoming hearing, and the risk assessment based on substantive adverse determinations. The court declined to make a prospective order under CPR 5.4C(2) as open justice principles prevail and no restriction is justified. Mandatory review provisions do not apply to this ISO as it follows a final order.

Parties
Claimant: Social Work England; Defendant: Charmaine Morgan
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Application for Extension of Interim Suspension Order
Outcome
application granted
Legal Topics
Interim Suspension Orders, Public Protection, Open Justice, Fitness to Practise, Court Procedure
Administrative Law Professional Regulation Interim Suspension Orders Public Protection Open Justice Fitness to Practise Court Procedure

Case Brief

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Parties

Social Work England

Claimant

Charmaine Morgan

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether a 10-month extension of the Interim Suspension Order is necessary for public protection
  2. 2 Whether the court should make an order under CPR 5.4C(2) regarding notice for third-party document applications
  3. 3 Whether mandatory review provisions under Social Workers Regulations 2018 apply to the ISO

Ratio Decidendi

The extension of the Interim Suspension Order is necessary and justified for public protection and public confidence, given the unresolved allegations, the upcoming hearing, and the risk assessment based on substantive adverse determinations. The court declined to make a prospective order under CPR 5.4C(2) as open justice principles prevail and no restriction is justified. Mandatory review provisions do not apply to this ISO as it follows a final order.

Court Disposition

application granted

Orders

  • The Interim Suspension Order made on 12 April 2022 and continued by Order of 30 November 2022 is extended by 10 months until 10 August 2024.
  • No order as to costs.