A fitness to practise inquiry concerning two registered social workers over their role in the handling of a file that contained false allegations against garda whistleblower Maurice McCabe, will now be held in private.
The hearing held by CORU, the regulator of Health and Social Care Professionals, is looking into allegations of professional misconduct and poor professional performance against the two social workers, who now cannot be identified.
Both had been employed by Tusla, the Child and Family agency and worked in the northeast of the country at the time when details of the false allegation against Maurice McCabe were processed.
This allegation formed part of the Disclosures Tribunal into garda whistleblowers.
The decision was made by the inquiry's chair Susan Ahern, following an application by one of the social workers and the inquiry heard this would also apply to the other social worker.
A preliminary privacy application had been made in October and rejected, with the hearing expected to be held at least partly in public, but the inquiry chair concluded on Monday that the balance had now shifted.
The inquiry is continuing in camera at CORU’s headquarters in Smithfield in Dublin.
An agreed statement outlining the reasons why the hearing is being held in private was expected to be issued on Monday by Remy Farrell SC representing CORU in agreement with Lorna Lynch SC who is representing those against whom the complaints or professional misconduct have been made.
This hearing is likely to conclude this Friday with the inquiry likely to deliver its findings by the end of this year.
Evidence in relation to a third registered social worker will now be dealt with at a later date.
The fitness to practise inquiry initially ruled in October that it would sit in public, due to a strong public interest in the matter.
It also noted that many of the issues had previously been raised in public during the Disclosures Tribunal into garda whistleblowers.
However, in a ruling published on Tuesday, following a further application by one of the social workers known as 'Applicant Z' yesterday that was taken under Section 58 of the Health and Social Care Professionals Act 2005, it was decided that the inquiry should go ahead in private this week.
The inquiry sat today and yesterday and is expected to sit again on Friday, when it will conclude its proceedings, ahead of a decision on the disciplinary proceedings, expected later this year.
In October, the social worker who applied for the inquiry to be held in private said they were suffering from medical issues that were likely to be exacerbated if it proceeded in public.
However, no documentary confirmation of their medical condition was provided at that time.
When the inquiry sat on Monday it said it was provided with a detailed medical report and that the social worker making the application had an entitlement to privacy in respect of their medical information.
The medical report stated that a public hearing of the matter would have put the social worker's health at risk and the committee now felt the balance had shifted towards allowing the inquiry to go ahead in private.
The committee in today's published ruling said it had also considered the views of a number of potential witnesses who had expressed varying degrees of apprehension in respect of the inquiry proceeding in public. It found it would have been difficult to anonymise these witnesses and to hold only part of the inquiry in public.
CORU which currently regulates social workers and a number of other health care professionals was established under the Health and Social Care Professionals Act 2005.
