Health secretary Alan Milburn began a high court battle this week to ban an east Kent social worker, who allegedly abused a girl in his care, from working with children.
A local authority disciplinary hearing found that the man, who cannot be named for legal reasons, raped a 16-year-old at a children's home where he worked in the 1990s.
His name was placed on the Consultancy Service Index, a list of people deemed unsuitable to work with children, but he launched a legal battle to have it removed.
He went to a Protection of Children Act tribunal earlier this year, which ruled that he should have his name removed from the index.
Philip Coppel, for Milburn, attacked the tribunal's decision, branding it "irrational" and "perverse." He asked judge Mr Justice Scott Baker to overturn the ruling.
The tribunal had ruled it was up to Milburn to prove it was more likely than not that the social worker committed the rape.
Arguing that the health secretary could not meet that proof, Coppel accused the tribunal of failing to take into account circumstances in which the allegations were made. He claims the girl made the allegations in confidence to her therapist, who informed the local authority.
Coppel also complained that the tribunal made its decision even though the social worker and his two character witnesses failed to attend and give evidence.
He alleged that the man beat his wife, and physically and sexually abused his lover.
Mr Justice Baker said he needed time to consider his decision in the case and would give his ruling at a later date.
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