Health and Care Professions Council v Moody

THE DEPUTY JUDGE: This is an application for an extension to an interim order. The defendant does not appear but he is aware of this hearing and he has asked for the hearing to be held in private. I have declined to make such an order because I have not been told of any good reason for it.

Following consideration of the documents that have been lodged by the Health and Care Professions Council, in particular the Part 8 claim dated 8 September of this year and the witness statement of John Barwick dated 7 September, and seeing from the acknowledgement of service in respect of the Part 8 claim today that the defendant does not contest the application, I am prepared to extend the interim order in this defendant's case for 12 months until 28 September 2016, which is 12 months from the date that the present interim order expires, namely 28 September this year.

In taking this decision, I am conscious of the background to this case, in particular the fact that the defendant is suspended from practice as a social work practitioner following his dismissal from employment with the East Riding of Yorkshire Council after findings of gross misconduct against him at a disciplinary hearing on 15 October 2013. I am also aware that the defendant's appeal against his dismissal was rejected by the Health Care Professions Council, and this interim suspension order was first imposed on 28 March 2014. I am aware there have been quarterly reviews of the order. The defendant has either attended or made representations on two out of four of the quarterly reviews. A case to answer has been found against the defendant. The final hearing in this case cannot take place before the end of the current interim suspension order. I should add that it was due to take place before today's hearing but it has been postponed due to the death of the defendant's mother.

In making my decision to extend, I bear in mind that the order will continue to be reviewed quarterly, and that the defendant is entitled to apply to the High Court to have the order varied or lifted. As I say, he has made no representations against this application which was served on him. I have read the application with care, and it is clear that the Healthcare Professions Council remains of the view that the order requested is necessary for the protection of the public. That is a reasonable view in my judgment in light of the background that I have read about. I take into account the gravity of the circumstances in which the defendant was dismissed and then suspended, the seriousness of the risk of harm to the public, the reason why a further period of interim suspension is required, and whether the Council has proceeded with due expedition and diligence.

Although counsel has frankly acknowledged that there has been some slippage, I am satisfied that overall the Council has acted with appropriate expedition in this grave case. 12 months is the appropriate time for which to extend in this case because the final hearing has not yet been finally rescheduled, and it is not unusual for such hearings to go part heard or be adjourned.

So the application is therefore granted. The interim suspension order is confirmed and extended for 12 months under article 31 (7) and (8) of the Health and Social Work Professions Order 2001 and I make no order for costs.