The High Court has allowed a social worker’s appeal against cancellation of his registration, finding that the regulator had not properly assessed his autism diagnosis, related psychological difficulties and other mitigating circumstances. The court held that a lengthy suspension with conditions was proportionate, but left the precise conditions and final order for a later hearing.
The appeal concerned a decision by the Health and Social Care Professionals Council (CORU) to cancel the man’s registration and prevent him from applying for restoration for 18 months. The cancellation followed findings of professional misconduct and poor professional performance over an inappropriate relationship with a former patient who had been in his care at Cork University Hospital.
The relationship developed after the patient’s discharge in March 2022 and continued for several months. The social worker admitted visiting her home, meeting her socially, communicating with her and kissing her. He also admitted giving her money. The patient had been acutely unwell and had a history of trauma. The disciplinary inquiry found the admitted conduct amounted to misconduct and poor professional performance.
CORU adopted the Professional Conduct Committee’s recommendation to cancel his registration. It cited the seriousness of the conduct, the patient’s vulnerability, breaches of professional standards and what it considered a lack of insight. The High Court noted that the relationship was seriously inappropriate because of the professional relationship and power imbalance. It also found no evidence that the social worker intended to abuse or manipulate the patient, or that actual harm had been caused. The court said the regulator’s reference to harm caused went beyond the evidence, which showed a risk of harm.
The court found the regulator’s reasons for choosing cancellation over suspension with conditions were too sparse. It also considered it unfair to place weight on an alleged cover-up when that had not been set out as a separate charge. More significantly, the disciplinary bodies had treated the social worker’s autism diagnosis and a psychologist’s report as irrelevant to sanction. The High Court found that approach flawed: the report could help explain the context of his conduct, though it did not excuse it.
The judge considered evidence given by the social worker on appeal, including his acceptance that he had crossed professional boundaries and his willingness to seek support, training and supervision. The court concluded that substantial conditions alongside a lengthy suspension could protect the public and maintain confidence in the profession.
The appeal was allowed and the sanction varied. The social worker is to remain suspended at least until he completes retraining and re-education to CORU’s satisfaction and takes steps to seek the psychological support recommended in the report. The court did not specify the full conditions or make its final order in this judgment; it said it would hear the parties on those matters, including whether the judgment should be anonymised.