Social Work England v Kelly Anderson

Social Work England v Kelly Anderson

The extension of the Interim Conditions of Practice Order for six months is necessary and proportionate in the interests of public protection and public confidence, outweighing any prejudice to the defendant. Notice is required for non-party applications for court documents due to references to children in the case papers.

Parties
Claimant: Social Work England; Defendant: Kelly Anderson
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Statutory Appeal / Interim Application for Extension of Interim Conditions of Practice Order
Outcome
Application granted
Legal Topics
Extension of Interim Order, Public Protection, Open Justice, Access to Court Documents
Administrative Law Professional Regulation Extension of Interim Order Public Protection Open Justice Access to Court Documents

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Parties

Social Work England

Claimant

Kelly Anderson

Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Interim Application for Extension of Interim Conditions of Practice Order

Legal Issues

  1. 1 Whether extension of Interim Conditions of Practice Order is necessary for public protection and public interest
  2. 2 Whether to require notice for non-party applications for court documents under CPR 5.4C

Ratio Decidendi

The extension of the Interim Conditions of Practice Order for six months is necessary and proportionate in the interests of public protection and public confidence, outweighing any prejudice to the defendant. Notice is required for non-party applications for court documents due to references to children in the case papers.

Court Disposition

Application granted

Orders

  • The Interim Order made on 28 September 2021 and extended on 6 December 2022 is extended by 6 months until 25 April 2024.
  • The Interim Order shall be reviewed in accordance with Schedule 2 Part 4 Paragraph 14(1) to the Social Workers Regulations 2018.