Social Work England v Ndoda Nathaniel Masinga

Social Work England v Ndoda Nathaniel Masinga

A 10-month extension of the Interim Suspension Order is necessary and proportionate for public protection and public confidence, given the ongoing regulatory concerns and the anticipated timeline for final hearing, but a 14-month extension would be excessive in light of previous extensions and delay.

Parties
Claimant: Social Work England; Defendant: Ndoda Nathaniel Masinga
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Statutory Extension Application / Application for Extension of Interim Suspension Order
Outcome
Application granted in part
Legal Topics
Interim Suspension Order, Fitness to Practise, Extension of Regulatory Orders, Proportionality, Public Protection
Administrative Law Professional Regulation Interim Suspension Order Fitness to Practise Extension of Regulatory Orders Proportionality Public Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Social Work England

Claimant

Ndoda Nathaniel Masinga

Defendant

Procedural Posture

Judicial Review / Statutory Extension Application / Application for Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether an extension of the Interim Suspension Order is necessary and proportionate for public protection and public confidence
  2. 2 Whether the duration of the extension sought is justified
  3. 3 Whether delay and prejudice to the Defendant outweigh public interest

Ratio Decidendi

A 10-month extension of the Interim Suspension Order is necessary and proportionate for public protection and public confidence, given the ongoing regulatory concerns and the anticipated timeline for final hearing, but a 14-month extension would be excessive in light of previous extensions and delay.

Court Disposition

Application granted in part

Orders

  • The Interim Suspension Order is extended by 10 months until 24 August 2024.
  • The Interim Order shall be reviewed in accordance with Schedule 2 Part 4 Paragraph 14(1) to the Social Workers Regulations 2018.