Social Work England v Burnham [2023] EWHC 1895 (Admin) (18 July 2023)

Social Work England v Burnham [2023] EWHC 1895 (Admin) (18 July 2023)

The public interest in protecting the public and maintaining confidence in the profession justifies extending the interim suspension order. Delays since January 2023 are not culpable, and the risk to the public remains given the seriousness of the allegations. The defendant's health and delay do not outweigh the need for the order.

Citation
[2023] EWHC 1895 (Admin)
Parties
Claimant: Social Work England; Defendant: Mark Simon Richard Burnham
Jurisdiction
England and Wales
Judgment Date
18 July 2023
Procedural Posture
Administrative Application (part 8) / Application to Extend Interim Suspension Order Pending Fitness to Practise Hearing
Outcome
Application granted in part
Legal Topics
Interim Orders, Fitness to Practise, Extension of Regulatory Orders, Public Protection, Delay in Regulatory Proceedings
Administrative Law Professional Regulation Interim Orders Fitness to Practise Extension of Regulatory Orders Public Protection Delay in Regulatory Proceedings

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Parties

Social Work England

Claimant

Mark Simon Richard Burnham

Defendant

Procedural Posture

Administrative Application (part 8) / Application to Extend Interim Suspension Order Pending Fitness to Practise Hearing

Legal Issues

  1. 1 Whether the interim suspension order against the defendant should be further extended under para 14(2) of Schedule 2 of the Social Workers Regulations 2018
  2. 2 Whether delay or prejudice to the defendant outweighs the public interest in maintaining the order

Ratio Decidendi

The public interest in protecting the public and maintaining confidence in the profession justifies extending the interim suspension order. Delays since January 2023 are not culpable, and the risk to the public remains given the seriousness of the allegations. The defendant's health and delay do not outweigh the need for the order.

Court Disposition

Application granted in part

Orders

  • Interim suspension order extended until end of January 2024, not April 2024 as sought
  • On any further application for extension, this judgment must be provided to the court