A Social Worker v CORU (Approved) [2021] IEHC 756 (17 September 2021)

A Social Worker v CORU (Approved) [2021] IEHC 756 (17 September 2021)

The applicant was afforded fair procedures and natural justice throughout the disciplinary process, despite her non-engagement. The absence of legal representation or legal aid did not render the inquiry unfair. The cancellation of registration was a proportionate and necessary response to serious findings of professional misconduct, and the respondent acted with caution and due process.

Citation
[2021] IEHC 756
Parties
Applicant: A Social Worker; Respondent: CORU
Jurisdiction
Ireland
Judgment Date
17 September 2021
Procedural Posture
Statutory Appeal Under Health and Social Care Professionals Act 2005 / Final Judgment on Appeal Against Cancellation of Registration
Outcome
Appeal dismissed; decision to cancel registration confirmed.
Legal Topics
Fair Procedures, Natural Justice, Professional Misconduct, Legal Representation, Anonymity in Proceedings
Administrative Law Professional Regulation Health Law Fair Procedures Natural Justice Professional Misconduct Legal Representation Anonymity in Proceedings

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Parties

A Social Worker

Applicant

CORU

Respondent

Procedural Posture

Statutory Appeal Under Health and Social Care Professionals Act 2005 / Final Judgment on Appeal Against Cancellation of Registration

Legal Issues

  1. 1 Whether the applicant was afforded fair procedures and natural justice in the disciplinary process
  2. 2 Whether the absence of legal representation or legal aid rendered the inquiry unfair
  3. 3 Whether the cancellation of registration was a proportionate sanction

Ratio Decidendi

The applicant was afforded fair procedures and natural justice throughout the disciplinary process, despite her non-engagement. The absence of legal representation or legal aid did not render the inquiry unfair. The cancellation of registration was a proportionate and necessary response to serious findings of professional misconduct, and the respondent acted with caution and due process.

Court Disposition

Appeal dismissed; decision to cancel registration confirmed.

Orders

  • Order confirming cancellation of applicant's registration as a social worker.
  • Order for anonymity of witnesses and prohibition on publication identifying parties.