BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

England and Wales High Court (Administrative Court) Decisions

You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Health and Care Professions Council v Waring [2016] EWHC 696 (Admin) (23 February 2016)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2016/696.html
Cite as: [2016] EWHC 696 (Admin)
[New search] [Printable RTF version] [Help]

Neutral Citation Number: [2016] EWHC 696 (Admin)
CO/557/2016

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

Royal Courts of Justice
Strand
London WC2A 2LL
23 February 2016

B e f o r e :

SIR STEPHEN SILBER
(sitting as a Judge of the High Court)
____________________

Between:
HEALTH AND CARE PROFESSIONS COUNCIL Claimant
v
WARING Defendant

____________________

Computer-Aided Transcript of the Stenograph Notes of
WordWave International Limited
A DTI Company
165 Fleet Street London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)

____________________

Mr S Kosmin (instructed by Bircham Dyson Bell LLP) appeared on behalf of the Claimant
The Defendant was not present and was not represented
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

  1. SIR STEPHEN SILBER: Bernard Waring is a registered social worker regulated by the Health and Care Professions Council, the Claimant.

  2. On 23 August 2013 the Claimant's investigating committee subjected the Defendant to an interim suspension order of 18 months' duration which was extended by the High Court for a further 12 months on 11 February 2015. It expires today. The Claimants seek to extend the interim order for a period of 12 months pursuant to the provisions of article 13 of the Health and Social Work Professions Order 2001, which I will call the order.

  3. The background to this matter is that on 22 October 2012 this matter was referred to the Claimant by the Norfolk and Suffolk Foundation Trust in relation to a sexual abuse allegation against the Defendant arising from events at a boarding school 35 years earlier. The Defendant had been placed on special leave.

  4. On 14 August 2013 the Claimant was notified by the Sussex police that the Defendant had been charged with two counts of a rape of a boy under 16, seven counts of gross indecency with a boy under 14 years of age and two counts of indecent assault on a boy under 16.

  5. The application was made, as I have indicated, on 23 August 2013 for an interim suspension order at a hearing at which the Defendant was represented. As I have indicated, the orders have been extended.

  6. The Defendant pleaded not guilty to the charges to which I have referred, but on 9 May 2014 Sussex police informed the Claimant that the jury had not reached a verdict on any of the charges. A second review hearing was adjourned to 2 June 2014 to permit the Defendant's attendance, but he neither was present nor represented.

  7. On 11 September 2015 Sussex police informed the Claimant that the Defendant had been found guilty of the sexual offences and on 25 September 2015 a sentence of 15 years' imprisonment and an imposition of a sexual harm prevention order was imposed on the Defendant. On 1 December 2015 the investigating committee of the Claimant reviewed and confirmed the interim order.

  8. Tomorrow the investigation committee of the Claimant is due to determine whether there is a case to answer in respect of the sexual offences. In the meantime, the Claimant seeks an extension of the order because it remains the view that an order is necessary for the protection of the public and in the public interest.

  9. The extension which is sought is for 12 months. The purpose of that is to avoid the need to return repeatedly to court to seek extensions of shorter duration and thereby incur the costs. In the meantime, the order will be regularly reviewed.

  10. I have no hesitation whatsoever in granting the application, particularly bearing in mind the offences of which the Defendant has been found guilty.

  11. So far as the order is concerned, I order that the interim order made by the council be confirmed and extended for a further period of 12 months from today. The Defendant has liberty to apply to vary or discharge the order after giving prior written notice to the Claimant.

  12. No costs are being sought and I order that there should be no order as to costs.

  13. SIR STEPHEN SILBER: Thank you very much.

  14. MR KOSMIN: I am grateful, my Lord. Thank you.

  15. SIR STEPHEN SILBER: I am very grateful to you for your skeleton, which was very helpful.

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010