Social Work England v Rebecca Gardner

Social Work England v Rebecca Gardner

A 16-month extension of the interim suspension order is necessary and proportionate to protect the public and maintain public confidence, given the ongoing regulatory process, SWE's resource constraints, and the need for realistic case management. The prejudice to the defendant is outweighed by public interest imperatives.

Parties
Claimant: Social Work England; Defendant: Rebecca Gardener
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Regulatory Application / Application to Extend Interim Suspension Order
Outcome
Application granted in part
Legal Topics
Interim Suspension Orders, Professional Regulation, Extension of Interim Orders, Open Justice, Case Management
Administrative Law Regulatory Law Interim Suspension Orders Professional Regulation Extension of Interim Orders Open Justice Case Management

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Parties

Social Work England

Claimant

Rebecca Gardener

Defendant

Procedural Posture

Judicial Review / Regulatory Application / Application to Extend Interim Suspension Order

Legal Issues

  1. 1 Whether to extend the interim suspension order against the defendant
  2. 2 Appropriate duration for the extension of the interim order
  3. 3 Balancing public interest and prejudice to the defendant

Ratio Decidendi

A 16-month extension of the interim suspension order is necessary and proportionate to protect the public and maintain public confidence, given the ongoing regulatory process, SWE's resource constraints, and the need for realistic case management. The prejudice to the defendant is outweighed by public interest imperatives.

Court Disposition

Application granted in part

Orders

  • Interim suspension order extended by 16 months to 17 June 2025
  • Order to be reviewed by Claimant’s Adjudicators as per regulations