Social Work England v Mark Simon Richard Burnham

Social Work England v Mark Simon Richard Burnham

The public interest in protecting the public and maintaining confidence in the social work profession outweighs the prejudice to the defendant caused by delay and health impact. There is credible evidence supporting the regulatory concerns, and no culpable delay after January 2023. The extension of the interim suspension order is justified until after the final hearing, but only until end of January 2024, not April 2024 as sought.

Parties
Claimant: Social Work England; Defendant: Mark Simon Richard Burnham
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Regulatory Extension Application / High Court Hearing on Extension of Interim Suspension Order
Outcome
Interim suspension order extended until end of January 2024.
Legal Topics
Extension of Interim Suspension Order, Fitness to Practise, Public Protection, Delay in Proceedings, Health Impact on Practitioner
Administrative Law Regulatory Law Professional Discipline Extension of Interim Suspension Order Fitness to Practise Public Protection Delay in Proceedings Health Impact on Practitioner

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Parties

Social Work England

Claimant

Mark Simon Richard Burnham

Defendant

Procedural Posture

Regulatory Extension Application / High Court Hearing on Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether to extend the interim suspension order against the defendant pending a final fitness to practise hearing
  2. 2 Whether delay and health impact justify refusal of extension
  3. 3 Whether public protection and public confidence require continuation of the order

Ratio Decidendi

The public interest in protecting the public and maintaining confidence in the social work profession outweighs the prejudice to the defendant caused by delay and health impact. There is credible evidence supporting the regulatory concerns, and no culpable delay after January 2023. The extension of the interim suspension order is justified until after the final hearing, but only until end of January 2024, not April 2024 as sought.

Court Disposition

Interim suspension order extended until end of January 2024.

Orders

  • On any further application for extension, a copy of this judgment must be provided to the court.
  • Court extensions to interim orders should include provision for supplying previous judgments and bundles.