“consider whether (all of the following): • the social worker has demonstrated remediation, insight and/or remorse • the social worker has demonstrated they are now safe to practise and/or there is no longer a risk to the public • the social worker has taken steps to maintain their skills and knowledge • the social worker's fitness to practise remains impaired (and if so, whether the existing order or another order needs to be in place) • the adjudicators should consider whether the social worker has sufficiently addressed the concerns raised in the original finding of impairment. The outcome of a review could be to (any of the following): • extend the period for which the previous order is in place (provided that any extension does not exceed 3 years at a time) • replace a suspension order with a conditions of practice order • make an order that case examiners or adjudicators could have made at the time (provided that the order does not exceed 3 years at a time) • revoke the order in place.” • the social worker has demonstrated remediation, insight and/or remorse • the social worker has demonstrated they are now safe to practise and/or there is no longer a risk to the public • the social worker has taken steps to maintain their skills and knowledge • the social worker's fitness to practise remains impaired (and if so, whether the existing order or another order needs to be in place) • the adjudicators should consider whether the social worker has sufficiently addressed the concerns raised in the original finding of impairment. • extend the period for which the previous order is in place (provided that any extension does not exceed 3 years at a time) • replace a suspension order with a conditions of practice order • make an order that case examiners or adjudicators could have made at the time (provided that the order does not exceed 3 years at a time) • revoke the order in place.”
“The procedure by which I was accused and then found to have breached the professional standards required of me as a registered social work was (1) unfair and (2) has breached my right to a fair trial underarticle 6 of the European Convention on Human Rights . Specifically, as can be seen from the attached evidence, the HCPC and Social Work England made the following errors: 1. The HCPC and Social Work England failed to investigate the complaint properly. Among other failings, they did not involve my employer (Newham Borough Council) in the procedure. Had they involved Newham Council, it would have been clear to the HCPC and Social Work England that I did not do the things that I was accused of (as is clear from my former line manger’s reference – enclosed). Instead, HCPC and Social Work England have relied solely upon the erroneous testimony of Mr Andrews. 2. Following the findings made by HCPC, Social Work England has continued to make incorrect decisions in my case. Despite HCPC’s findings that the alleged conduct did not meet the standard of “fitness to practice”, Social Work England have wrongly made decisions to place conditions on my practice and, lately, to suspend me. As a result of these errors, I was wrongly found to have committed breaches of professional standards expected of a registered social worker. The consequences of this incorrect finding have been severe for me. They include (1) substantial financial issues due to not being permitted to practice as a social worker since 2019 and consequent legal costs and (2) health issues [the appellant then provides details about deeply personal issues it is not appropriate to repeat here, and the court canvassed this matter with the parties at the appeal hearing and received no dissent to omitting them in the judgment].”
“48. The panel considered carefully whether there remains a prospect that Ms Arkorful is willing to actively engage with the process of review and to separate her denial of the factual findings from her engagement with those findings. The panel noted that Ms Arkorful although not in attendance has continued to engage with the regulator and has sought to provide a reference which is in partial compliance with the previous panel’s recommendations. 49. Given these circumstances, the panel considered that there is a prospect that Ms Arkorful will engage effectively with a future review panel. It also considered that Ms Arkorful should be given a further opportunity to reflect on matters. 50. A suspension order would prevent Ms Arkorful from practising during the suspension period, which would therefore protect the public and the wider public interest. 51. The panel determined that the suspension order should be extended for a period of six months. The panel was satisfied that this period was appropriate because it allows sufficient time for this matter to be re-listed and for Ms Arkorful to reflect and consider whether she can contemplate engaging with the findings of the final hearing panel, notwithstanding her denial of the conduct found proved. The time would also provide Ms Arkorful the opportunity to obtain references which indicate that the referee fully understands the matters that have been found proved against Ms Arkorful and comment on her current conduct relevant to the findings.”
“Strike me I don’t give a toss . Social Work England is not heaven. Evil biased, abuse of power people who lie to cover up your failings. You want to drag me to your doooo called “KANGAROO” reviews for what?? Nothing will change so I won’t waste my precious time on you corrupt people. Your inhumane behaviour will catch up with you all for the unfairness/ injustice you have treated a lot of social workers. You don’t even know what you are doing apart from lies and covering up your failings. The Government spend soooo much to train us and you just sit there to tarnish our images, defame our characters, abuse your power, deprive us of our human rights,. Whatever you want to achieve in this evil act you will be exposed one day. I don’t have time to come and look at those evil faces of yours. Do as you please evil doers. […] Ensure you don’t select what pleases / suits you. I careless -God knows I’m innocent and that’s all matters .”
“I never lent money to a service user. They keep saying I’m not insightful to the allegations, but I cannot be insightful to something I have not done. It’s all lies.”
“How can I be insightful about something I have not done? I haven’t done those things. The [findings of fact] are not true. If they had looked into the matter properly they would have seen that I am innocent. They lied at the [Original] Panel and removed documents. They just ignored everything. They wanted to use me as a scapegoat. I have been robbed. They have abused their power. They just do what they want. If they read the documents they will see I’m innocent.”
“… the focus of a review is upon the current fitness of the registrant to resume practice, judged in the light of what he has, or has not, achieved since the date of the suspension. The review committee will note the particular concerns articulated by the original committee and seek to discern what steps, if any, the registrant has taken to allay them during the period of his suspension. The original committee will have found that his fitness to practise was impaired. The review committee asks: does his fitness to practise remain impaired?”
“monitoring” the registrant’s progress towards “professional rehabilitation” (para 31). In similar vein, the author of Hamer’s Professional Conduct Casebook (4th Edn) states at para 75.38 that a review hearing: “is not an appeal or an opportunity to reopen the earlier determination, but a procedure to consider and determine, with the benefit of evidence and submissions, whether the practitioner’s fitness to practise remains impaired as a first step before going on to consider whether to extend or vary the original order.”
“(3) It is wrong to equate maintenance of innocence with lack of insight. Denial of misconduct is not an absolute bar to a finding of insight. Admitting misconduct is not a condition precedent to establishing that the registrant understands the gravity of the offending and is unlikely to repeat it […]. (4) However attitude to the underlying allegation is properly to be taken into account when weighing up insight […]. Where the registrant continues to deny impropriety, that makes it more difficult for him to demonstrate insight. […] (5) The assessment of the extent of insight is a matter for the tribunal, weighing all the evidence and having heard the registrant. The Court should be slow to interfere: […].”
“The panel noted the tone of Ms Arkorful’s correspondence. She remains focussed on the factual findings made by the final hearing panel. In the panel’s view she has been unable to separate her denial of the facts from the process of the review of the order. It is possible for Ms Arkorful to maintain her denial, but to engage with the findings of the final panel, address their gravity, and take steps to demonstrate to a panel that there will be no repetition. Ms Arkorful has not yet reached the stage where she is able to engage with the findings of the final panel to any extent.”
“The panel were provided with a final order hearing bundle consisting of 809 pages and a service and supplementary bundle of 352 pages including a recently provided character reference.”
“Ms Arkorful has provided evidence that she has completed CPD which satisfy the requirements for registration. She also provided evidence that on10 August 2023 she completed a three day CPD course on the family group conference process, and a written reflective piece on how this CPD has improved her practice. The panel did not find evidence that she acted on the previous panel’s recommendation to complete CPD training that is “relevant to the concerns identified”
“60. The GMC's appeal from the Tribunal to the Divisional Court pursuant to section 40A of MA 1983 [Medical Act 1983 ] was by way of review and not re- hearing. In that respect, it differs from an appeal pursuant to section 40. Sub-paragraphs 19.1(1)(e) and (2) ofPractice Direction 52D expressly state that appeals under section 40 are to be conducted by way of rehearing. Appeals pursuant to section 40A are governed byCPR 52.21 (1), which provides that, subject to the exceptions mentioned there, appeals are limited to a review of the decision under appeal. That technical difference may not be significant. Whether the appeal from the MPT is pursuant to section 40 or section 40A, the task of the High Court is to determine whether the decision of the MPT is ‘wrong’. In either case, the appeal court should, as a matter of practice, accord to the MPT the same respect: Meadow v General Medical Council[2006] EWCA Civ 1390 ,[2007] QB 462 at [126]-[128]. 61. The decision of the Tribunal that suspension rather than erasure was an appropriate sanction for the failings of Dr Bawa-Garba, which led to her conviction for gross negligence manslaughter, was an evaluative decision based on many factors, a type of decision sometimes referred to as ‘a multi-factorial decision’. This type of decision, a mixture of fact and law, has been described as ‘a kind of jury question’ about which reasonable people may reasonably disagree: Biogen Inc v Medeva Plc[1997] RPC 1 at 45; Pharmacia Corp v Merck & Co Inc[2001] EWCA Civ 1610 ,[2002] RPC 41 at [153]; Todd v Adams (t/a Trelawney Fishing Co) (The Maragetha Maria)[2002] EWCA Civ 509 ,[2002] 2 Lloyd's Rep 293 at [129]; Datec Electronics Holdings Ltd v United Parcels Service Ltd[2007] UKHL 23 ,[2007] 1 WLR 1325 at [46]. It has been repeatedly stated in cases at the highest level that there is limited scope for an appellate court to overturn such a decision … … 67. That general caution applies with particular force in the case of a specialist adjudicative body, such as the tribunal in the present case, which (depending on the matter in issue) usually has greater experience in the field in which it operates than the courts: see Smech at [30]; Khan v General Pharmaceutical Council[2016] UKSC 64 ,[2017] 1 WLR 169 at [36]; Meadow at [197]; and Raschid v General Medical Council[2007] EWCA Civ 46 ,[2007] 1 WLR 1460 at [18]-[20]. An appeal court should only interfere with such an evaluative decision if (1) there was an error of principle in carrying out the evaluation or (2) for any other reason, the evaluation was wrong, that is to say it was an evaluative decision which fell outside the bounds of what the adjudicative body could properly and reasonably decide: Biogen at [45]; Todd at [129]; Designers Guild Ltd v Russell Williams (Textiles) Ltd (trading as Washington DC)[2001] FSR 11 (HL) at [29]; Buchanan v Alba Diagnostics Ltd[2004] UKHL 5 ,[2004] RPC 34 at [31]. As the authorities show, the addition of 'plainly' or 'clearly' to the word 'wrong' adds nothing in this context.”
“37. Considerable weight is to be attached to the judgement of a specialist tribunal as to the presence or absence of insight and as to the consequences of such presence or absence and those are ‘classically matters of fact and judgment for the professional disciplinary committee in the light of the evidence before it’ (per Lindblom LJ in Doree at [38]). This is in part because of the opportunity which the panel will have had to assess the evidence of the professional in question. It is also because the specialist knowledge of the members of such a panel means that they will be best-placed to form an assessment of what is and what is not required for such insight to be present.”
“Because orders made by the tribunal are not primarily punitive, it follows that considerations which would ordinarily weigh in mitigation of punishment have less effect on the exercise of this jurisdiction than on the ordinary run of sentences imposed in criminal cases.”
“Social Work England’s concern that Ms Arkorful had, in her correspondence with Social Work England, described members of the Case Review Team as “evil”, “corrupt” and “stupid”