Successful outcome at SWE for Libby Anderson.

Libby Anderson represented an experienced social worker within an Emergency Duty Team, facing allegations of failure to safeguard a baby following a report that the baby had been thrown across a room.

The factual allegations and misconduct were accepted, but the panel considered and resolved a number of disputed issues which had the potential to substantially affect sanction, in a process analogous to a Newton hearing in accordance with Levy v SRA [2011] EWHC 740 (Admin). In particular, it was established that the report had not been viewed as credible by members of the EDT, which Libby argued provided important context for the lack of safeguarding action taken.

SWE (Social Work England) sought a finding of impairment on both the personal and public components. Following Libby’s careful submissions highlighting the excellent remediation work done by the social worker and the minimal risk of repetition, the panel found no impairment and took no further action, meaning the social worker could return to work unrestricted.

Libby was instructed by Jared McNally of Clifford Johnson & Co.