Simon Gurney ensures social work team manager is cleared by regulator

This week Simon Gurney represented ML, a social work team manager previously employed by Manchester City Council, who had been called before the Conduct and Competence Committee of the Health and Care Professions Council (HCPC) over allegations that she had failed adequately to safeguard children in her care. It was alleged by the Council that ML’s fitness to practise was impaired by virtue of misconduct and a lack of competence.

The allegations concerned ML’s handling of the cases of two children in need of protection because of concerns that they might have been the victims of violence at home. The allegations dated back to 2012. At that time ML was a team manager responsible for a team of 6 social workers in South Manchester.

Having received advice from Simon, ML admitted amended charges which were acceptable to the Council.

Following the successful cross-examination of the first witness for the HCPC, Simon made a submission of ‘no case to answer’ arguing that the evidence adduced by the Council was insufficient for a reasonable Panel properly to conclude that ML’s fitness to practise was impaired by virtue or either misconduct or lack of competence.

The Committee agreed with Simon’s ‘half time’ submission and stopped the case from going any further, without calling on ML to give evidence to defend her reputation.

Despite admitting some failings in respect of her practice, ML’s fitness to practise was confirmed by the Committee meaning she is free to return to social work without any blemish on her professional reputation.

Simon was instructed by Sarah Sharpe of Slater & Gordon Lawyers.

Simon specialises in the law concerning professional discipline, representing clients engaged in numerous professions. He has experience representing police officers, doctors, nurses, pharmacists, social workers and other professionals before their regulatory tribunals and the higher courts. If you find yourself in need of advice or representation concerning such matters please contact David Wright in Chambers on 0161 832 5701 or dwright@lincolnhousechambers.com who will be able to discuss your needs and instruct Simon accordingly.