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Registration rules 2019 (as amended)

Registration rules 2019 (as amended)

Last updated: 16 December 2022


Part 1: Introduction

Citation and commencement

1.

(1) Social Work England has made these Rules in accordance with regulation 3 of The Social Workers Regulations 2018.

(2) These Rules are made in exercise of powers conferred by regulation 9(6), 10(4), 11(6) and (7), 12(2), 13(5), 14(6), 15(11) and 18(9) of The Social Workers Regulations 2018.

(3) These Rules may be cited as The Social Work England (Registration) Rules 2019 and come into force on the date on which section 39(1) of the Children and Social Work Act 2017 comes into force.

Interpretation

2.

In these Rules:

  • the ‘Act’ means the Children and Social Work Act 2017.
  • ‘annotate’, ‘annotated’ and ‘annotation’ refer to the recording of a relevant qualification, specialism, accreditation or competence in accordance with regulation 12 and as defined in Part 6 of these Rules.
  • annotation application’ means an application made in accordance with regulation 12.
  • applicant’ means a person applying in accordance with regulation 10(1) to be registered, a person applying in accordance with regulation 13(1) to renew their registration, a person applying to have an annotation recorded in their entry in the register in accordance with regulation 12(1), or a person applying in accordance with regulation 15(1) to have their registration restored.
  • ‘approved qualification’ means a qualification approved under the education and training approval scheme in accordance with regulation 20(2).
  • ‘entry in the register’ means information recorded in the register in relation to a registered social worker in accordance with regulation 9.
  • ‘listed offence’ has the meaning given in regulation 26(8).
  • ‘Professional Standards’ has the meaning given in regulation 2.
  • ‘recognised qualification’ is to be construed in accordance with Schedule 1 of the Regulations.
  • ‘register’ means the register of social workers in England described in section 39(1) of the Act.
  • ‘registered social worker’ has the meaning given in regulation 2(5).
  • ‘registration application’ means an application made in accordance with regulation 10.
  • ‘regulation’ means a regulation in The Social Workers Regulations 2018, and ‘regulations’ shall be interpreted accordingly.
  • ‘regulator’ means Social Work England or a person carrying out the functions of the regulator as set out in the Regulations.
  • ‘regulatory body’ has the meaning given in regulation 2(1).
  • ‘renewal application’ means an application made in accordance with regulation 13.
  • ‘renewed’ means the renewing of registration in accordance with regulation 13(3), and ‘renewal’ shall be construed accordingly.
  • ‘restoration application’ means an application made in accordance with regulation 15.
  • ‘Schedule’ means a schedule of the Regulations.
  • ‘warning order’ means an order issued in accordance with paragraph 13(1)(d) of Schedule 2.  

Part 2: Content of the register

3.

This Part applies when the regulator is recording information in the register in accordance with regulation 9.

4.

(1) The following qualifications must be recorded in the register in accordance with regulation 9(1)(f):

  • (a) a qualification recognised in accordance with paragraph 1 of Schedule 1.

5.

In addition to the information listed in regulation 9, the regulator must also record in the register a registered social worker’s:

  • (1) date of birth.
  • (2) home or correspondence address.
  • (3) where provided, address of current employer.
  • (4) information provided under rule 15.

6.

Where a registered social worker has been given a warning order in accordance with paragraph 13(1)(d) of Schedule 2, the details of the order will remain recorded in the registered social worker’s entry on the register for as long as the order remains in force as directed, in accordance with rule 48 of the Social Work England (Fitness to Practise) Rules 2019.

7.

Where a registered social worker has been given advice in accordance with paragraph 6(2)(b), paragraph 9(2)(b) or paragraph 12(1)(b) of Schedule 2, the details of the advice will remain recorded in the registered social worker’s entry in the register for the period determined by the adjudicator giving the advice, in accordance with rule 48 of the Social Work England (Fitness to Practise) Rules 2019.

8.

Warnings given by adjudicators in accordance with paragraph 12(1)(a) of Schedule 2 and by case examiners in accordance with paragraph 6(2)(a) of Schedule 2 will remain recorded in the registered social worker’s entry in the register for a period determined by the adjudicator or case examiner, in accordance with rule 48 of the Social Work England (Fitness to Practise) Rules 2019.

9.

Other than as set out above, where a registered social worker has been given an order in accordance with paragraphs 11, 12 or 13 of Schedule 2, the details of the order will remain recorded in the registered social worker’s entry in the register for the period specified in rule 50 of the Social Work England (Fitness to Practise) Rules 2019.

10.

(1) Where a registered social worker has been removed from the register in accordance with regulation 14(1) or 14(2), or for any other reason, the removal, and reasons for it, must be recorded and published by the regulator.

(1A) Where a registered social worker has been removed from the register in accordance with regulation 14(1A):

  • (a) the removal must be recorded and published by the regulator;
  • (b) the particulars of the removal may be published, but must not include any information relating to the registered social worker’s physical or mental health.

(2) In these circumstances the record of removal must be recorded and published for a period of five years or until such time as the registered social worker is restored, taking into account rules 49 and 50 of the Social Work England (Fitness to Practise) Rules 2019.  

Publishing the register

11.

The following information will not be included in any published version of the register:

  • (1) The information in rule 5, other than the postal town of the address recorded in accordance with rule 5(3).
  • (2) The information in rule 8 where the warning has been given in accordance with paragraph 6(2)(a) of Schedule 2.
  • (3) The information in rule 7 where the advice has been given in accordance with paragraph 6(2)(b) of Schedule 2.

Part 3: Eligibility to be registered

12.

This Part applies where the regulator is considering the eligibility of an applicant to be registered, or to continue to be registered as the case may be, in accordance with regulation 11.

Persons not eligible for registration

13.

An applicant is not eligible to be registered if they are subject to a conviction for a listed offence (other than a conviction that has been quashed).

Recognised qualifications and additional education

14.

(1) A recognised qualification must have been awarded within five years of an applicant applying to be registered:

(2) Where a recognised qualification was awarded:

  • (a) more than five years before an applicant applies to be registered the applicant must demonstrate that they have relevant additional education or training by providing evidence of 60 days of updating their skills, knowledge and experience in accordance with guidance produced by the regulator.
  • (b) between two and five years before an applicant applies to be registered, the applicant must demonstrate that they have relevant additional education or training by providing evidence of 30 days of updating their skills, knowledge and experience in accordance with guidance provided by the regulator.

(3) Where the applicant provides evidence in accordance with rule 14(2) this may include:

  • (a) supervised practice;
  • (b) formal study; or
  • (c) private study;

and the regulator must set out in guidance how this evidence must be demonstrated.

(4) The period for any activity relied upon for the purposes of meeting the condition set out in rule 14(2) must be no more than 12 months prior to the date of any application.

Safe and effective practice

15.

To determine that an applicant is capable of safe and effective practice in accordance with professional standards relating to proficiency, performance and conduct and ethics, the regulator must require the applicant:

  • (1) To confirm that they have not been convicted (including conviction by court martial) or cautioned in the United Kingdom for any criminal offence or, if not the case, provide details of any conviction or caution.
  • (2) To confirm that they have not been convicted of any offence (including conviction by court martial), which, if committed in England and Wales, would constitute a criminal offence; or if not the case, provide details of any conviction.
  • (3) To confirm that they have not been subject to any determination by any regulatory body to the effect that the applicant’s fitness to practise is impaired or, if not the case, provide details of any determination to the effect that the applicant’s fitness to practise is impaired, including the regulatory body in question, the date and the outcome.
  • (4) To confirm that they are not, or have not been, listed on the adults’ and/or children’s list under:
  • (a) the Protection of Vulnerable Groups (Scotland) Act 2007;
  • (b) the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007; or
  • (c) the Safeguarding Vulnerable Groups Act 2006

or if not the case, to provide details of any such listing or barring order.

  • (5) To confirm that they do not have a continuing or episodic physical or mental health condition which, although in remission at the time of the application for registration, may be expected to cause a recurrence that may impair their fitness to practise as a social worker or, if not the case, provide details of any such physical or mental health condition.
  • (6) To confirm that they have read and understood the regulator’s professional standards and provide confirmation that they will undertake to abide by them.

Knowledge of English

16.

To determine that an applicant has the necessary knowledge of English, the regulator must be satisfied that the applicant:

  • (1) has within the last five years passed a test of their knowledge of English that has been approved under the regulator’s education and training approval scheme; or
  • (2) has within the last five years obtained an overall score of 7 or more in the International English Language Testing System (Academic) test; or
  • (3) has been registered and practising for at least one year within the most recent five years in a country where the regulator recognises English is the first and native language and an English language assessment was required for registration; or
  • (4) has obtained a recognised qualification within the meaning of schedule 1 to the regulations within the most recent five years that was awarded in a country where the regulator recognises English is the first and native language and can provide evidence that the qualification was entirely taught and examined in English.

17.

(1) Where the regulator is not satisfied that an applicant has the necessary knowledge of English, it may take action in accordance with regulation 11(4).

(2) Where the regulator decides to take action in accordance with regulation 11(4), it must require the applicant to:

  • (a) respond within 10 working days to any request made in accordance with regulation 11(4)(a) for further evidence, information or documents.
  • (b) respond within 28 calendar days to any request made in accordance with regulation 11(4)(b) to undergo examination or assessment.

(3) Where the regulator imposes a requirement in accordance with regulation 11(4)(b) that the applicant undergoes examination or assessment, on the ground that the regulator was not satisfied that the applicant has the necessary knowledge of English, the regulator must notify the applicant of their right to appeal under regulation 19(1)(b).

(4) Rule 17(2)(b) does not apply during any period when an appeal can be made or has been made and has not yet been decided.

18.

Where an applicant appeals successfully against the regulator’s decision to require them to undergo further examination or assessment, the regulator must assess the application on the basis of:

  • (1) the evidence already provided; and
  • (2) any further evidence provided as a result of the appeal outcome in support of the applicant having the necessary knowledge of English.

19.

Rule 26 applies where the regulator is not satisfied that the applicant has the necessary knowledge of English and:

  • (1) The applicant has not appealed;
  • (2) The applicant has appealed unsuccessfully and has not undergone further examination or assessment or responded within the timeframe specified in accordance with rule 17(2)(b); or
  • (3) The timeframe in rule 17(2)(a) has been exceeded.

Part 4: Procedure for registration

20.

This Part applies when the regulator is processing registration applications made in accordance with regulation 10.

Applications for registration

21.

(1) An application for registration must be made in a form specified by the regulator.

(2) The application shall include:

  • (a) A warning about the consequences of providing false or misleading information;
  • (b) A warning that failure to notify the regulator as soon as practicable if any of the information that is registered in relation to the applicant ceases to be accurate may lead to suspension or removal of their entry in the register;
  • (c) A statement that registered status is dependent on compliance with the professional standards and any other codes and standards relevant to social work and that failure to comply with any of these may be taken into account in any fitness to practise proceedings.

(3) An application can be submitted in writing or electronically.

(4) The application must:

  • (a) Be completed by the applicant;
  • (b) Be signed by the applicant, or confirmed by the applicant; and
  • (c) Be verified by an appropriate person or organisation for the purpose of establishing the identity of the applicant.

Information to be provided by applicants

22.

An applicant must provide, along with an application form in accordance with rule 21, the following information and declarations:

(1) Their personal details:

  • (a) Full name (and former name if any).
  • (b) Date of birth.
  • (c) Nationality.
  • (d) Gender identity.
  • (e) Home address.
  • (f) All work addresses at which they are currently employed as a social worker.
  • (g) Telephone number.
  • (h) Email address.

(2) Evidence of identity that can be verified by the regulator.

(3) Details of any other previous or current registration with a social work or healthcare regulatory body anywhere in the UK, including registration number.

(4) The information required in rule 15

(5) Current, or prospective, employers (if any).

(6) (a) In the case of a person applying on the basis of Schedule 1 paragraph 1(a) or paragraph 1(c)(i) (social work qualification), evidence of a social work qualification including:

  • (i) Certificate or other evidence of course completion.
  • (ii) Name and full address, including country, of course provider.
  • (iii) Certificate or other evidence of qualification.
  • (iv) Name and full address, including country, of awarding body.
  • (v) Date qualification awarded.
  • (vi) Confirmation of the name in which the qualification is held.

(c) In the case of an applicant applying on the basis of Schedule 1 paragraph 1(c)(i) or (ii) (training or experience in the UK or elsewhere) evidence that:

  • (i) the certificate or other certifying document attesting to the applicant’s qualifications and, where appropriate, experience.

(d) In the case of an applicant applying on the basis of Schedule 1 paragraph 1(d) (training in Wales, Scotland or Northern Ireland) evidence of:

  • (i) Certificate or other evidence of course completion.
  • (ii) Name and full address, including country, of course provider.
  • (iii) Certificate or other evidence of qualification.
  • (iv) Name and full address, including country, of awarding body.
  • (v) Date qualification awarded.
  • (vi) Confirmation of the name in which the qualification is held.

And such evidence will be deemed sufficient for the purposes of registration.

(7) Confirmation that they are capable of safe and effective practice in accordance with the professional standards relating to proficiency, performance and conduct and ethics.

(8) Evidence that they have the necessary knowledge of English in accordance with these Rules.

23.

Any information provided in support of an application which is not in English must be accompanied by a certified translation.

Assessment of applications

24.

(1) The regulator must decide a registration application within 10 working days, starting from the day that:

  • (a) a completed application; or
  • (b) information requested under rule 24(2);

is received, whichever is the latter.

(2) An applicant must provide any further information or evidence requested by the regulator which it considers necessary in support of the registration application within 28 calendar days of the request being made.

(3) Rule 24(1) does not apply during any period in which an appeal has been made in accordance with regulation 19(1)(b) and the appeal has not been determined by adjudicators.

25.

Where an application is made under Schedule 1 paragraph 1(c), the regulator must:

(1) Make an assessment as to whether the applicant meets the requirement for registration in terms of their social work qualification, other training, or professional experience.

(2) The assessment shall include the following activities:

  • (a) Consideration of how any application meets the regulator’s professional standards;
  • (b) Consideration of how any qualification or training relied upon by the applicant meets the regulator’s education and training standards;
  • (c) Verification of the evidence submitted as part of the application with educational bodies, professional bodies and others relied upon by the applicant.

(3) The regulator may appoint one or more advisers to undertake the assessment and will do so in accordance with the Social Work England (Appointment and Functions of Advisers and Constitution of Panels of Advisers) Rules 2019.

(4) The regulator will notify the applicant of the outcome of the assessment within 60 working days.

(5) In the event that it determines following the assessment under rule 25(2) that the application does not meet the requirements for registration, the regulator must provide the applicant with information regarding the measures they can take to meet the requirements. Such measures may include:

  • (a) A test of competence as determined by the regulator;
  • (b) A period of adaptation as determined by the regulator.

Closure of applications

26.

A registration application will be closed by the regulator if:

(1) Rule 13 applies to the applicant (persons not eligible to be registered); or

(3) Rule 19 applies to the applicant.

26A. An application may be closed by the regulator if, upon expiry of the relevant timeframe, the applicant has failed to provide information in accordance with a request made under rule 24(2).

27.

A person whose registration application has been closed in accordance with rule 26 or 26A and who wishes to be considered for registration must make a new registration application.

Registration period

28.

Where a registration application is granted by the regulator the first registration period:

(1) Shall begin on the day on which the application is granted and shall end on the next occurrence of the date specified in rule 55.

(2) Any subsequent registration periods will be in accordance with the requirements set out in rule 55.

Amending the register

29.

The regulator must amend the register:

(1) In consequence of any notification under regulation 16(1);

(2) To add or remove any annotation in a registered social worker’s entry in the register in accordance with regulation 12(1);

(3) To reflect any interim or final order made under Part 5 of the Regulations in respect of the registered social worker;

(4) To reflect any amendment under rules 6-10, taking into account rule 11;

(5) To reflect the outcome of any appeal under regulations 9(2), 19, 27, 34 and paragraph 16 of Schedule 2, in respect of the registered social worker’s entry in the register;

(6) To reflect a successful application for restoration to the register.

Conditional registration

30.

The regulator may grant, renew, or restore registration subject to a condition in the following circumstances:

(1) Where the registered social worker is unable to demonstrate upon request that they have met the standards for continuing professional development, the regulator may set conditions in order that the registered social worker may meet any requirement to meet these standards.

(2) Where an applicant or registered social worker makes a declaration in relation to their physical or mental health, the regulator may set conditions in order for the regulator to be satisfied that the applicant or registered social worker is fit to be registered.

(3) Where an applicant or registered social worker makes a declaration that they are subject to ongoing or completed fitness to practise or other disciplinary proceedings by another regulatory body, the regulator may set conditions relating to those ongoing or completed proceedings.

31.

Where the regulator is minded to grant, renew or restore registration subject to a condition as set out in rule 30, it will:

(1) Notify the applicant or registered social worker that it is minded to apply a condition, the reasons why a condition should be applied, and the period that such a condition will apply;

(2) Notify the applicant or registered social worker that in the event that they refuse to accept a condition, that the regulator will refuse to register, renew or restore the applicant or registered social worker and provide them with information on how to appeal;

(3) Require the applicant or registered social worker to respond to such notification within 10 working days; and

  • (a) confirm that they are satisfied that such a condition should be applied; or
  • (b) propose an alternative condition that in their view meets the regulator’s requirements; or
  • (c) confirm that they do not accept the condition.

32.

Where an applicant or registered social worker proposes an alternative condition in accordance with rule 31(3)(b) above, the regulator will confirm within 10 working days whether such an alternative is acceptable.

33.

Where an applicant or registered social worker confirms that they do not accept such a condition in accordance with rule 31(3)(c), the regulator will take action in accordance with rule 31(2).

34.

The regulator may review, vary or remove a condition in the following circumstances:

(1) At the request of the registered social worker, where the registered social worker can demonstrate to the satisfaction of the regulator that such a review, variation or removal is appropriate.

(2) Where the regulator is satisfied that such a review, variation or removal is in the interest of the public, or in the registered social worker’s own interests.

(3) Before the expiry of any period of conditions, where the regulator determines that a further period of conditional registration is not necessary.

35.

Where a variation in accordance with rule 32 is proposed, the regulator will follow the process described at rule 31 above.

36.

(1) Where the regulator receives information or evidence that indicates that the registered social worker has failed to comply with the conditions on their registration under rule 30, the regulator may consider removing their entry in the register in accordance with regulation 14(1)(d) in the following circumstances:

  • (a) where the registered social worker does not respond within the period specified to a request from the regulator to demonstrate how they have complied with any conditions upon their registration; or
  • (b) where, following investigation of this information, the regulator is satisfied that the conditions have not been complied with.

(2) Where a decision is made to remove an entry in the register in accordance with rule 17(1) the regulator must follow the procedures in Part 2 of the Social Work England (Registration – Removal from the register and Registration Appeals) Rules 2019.

Part 6: Annotation of entries in the register

40.

This Part applies when the regulator is processing annotation applications made in accordance with regulation 12.

41.

(1) A relevant qualification, specialism, accreditation or competence is one of the following:

  • (a) Completion of a course approved by the regulator for persons who are or wish to become an approved mental health professional.
  • (b) Completion of training specified by the regulator to be a best interests assessor.

(2) An application for annotation of an entry on the register that:

  • (a) is not in accordance with rule 41(1) or;
  • (b) does not contain all of the information required under rule 42.

must be refused.

42.

A registered social worker wishing to have their entry on the register annotated in accordance with rule 41(1) must provide the regulator with:

(1) A certificate or evidence of the qualification or training undertaken.

(2) Name and full address, including country, of the provider of the course or training relating to the application for annotation.

(3) Name and full address, including country, of awarding body.

(4) Date qualification awarded, or the date the training was completed.

(5) Confirmation of the name in which the qualification is held.

43.

The regulator must be satisfied that the evidence provided is genuine and valid, and:

(1) if satisfied, add the annotation to the entry on the register within 10 working days.

(2) if not satisfied, refuse to annotate the entry on the register and provide the registered social worker with the reasons for this refusal.

44.

An annotation shall remain on the register:

  • (a) for the period in which the registered social worker is registered; or
  • (b) until the registered social worker requests the annotation be removed.

45.

Where an applicant is restored to the register under the process set out in part 8 of these Rules, the applicant may also request that any previous annotation is also restored to that entry, and upon such a request the regulator will:

  • (a) require the applicant to provide, as soon as possible, any further information or evidence requested by the regulator which it considers necessary in support of the request, and;
  • (b) consider such information provided and determine whether the annotation should be restored to the entry on the register and notify the applicant of the outcome.

46.

Where the regulator determines not to restore an annotation to the applicant’s entry on the register, the applicant may appeal this decision in accordance with Part 3 of the Social Work England (Registration – Removal from the Register and Registration Appeals) Rules 2019. 

Part 7: Renewal of registration

47.

(1) This Part applies when the regulator is processing renewal applications made in accordance with regulation 13.

(2) Registered social workers may apply to renew their registration at the end of the registration period determined by the regulator, and each successive registration period, when the registered social worker was registered in accordance with regulation 10(2).

Timeframe for applying

48.

(1) The regulator may notify a registered social worker of the date on which their registration will expire and the latest date by which their registration must be renewed.

(2) A registered social worker must apply to renew their registration no sooner than three months before their registration is due to expire and no later than the date on which their registration expires.

(3) The regulator may extend the timeframe for applying for renewal of registration in the event that a registered social worker cannot apply for renewal by the latter date in rule 47.(2) because of any error on the part of the regulator.

Eligibility for renewal

49.

A registered social worker is not eligible to have their registration renewed if they are subject to rule 13.

50.

(1) A registered social worker applying to renew their registration must provide the following information to the regulator:

  • (a) Evidence, in a form determined by the regulator, that they meet the professional standards relating to continuing professional training and development;
  • (b) Evidence in accordance with rule 15 of these rules; and
  • (c) Where the regulator determines that it is necessary for the registered social worker to do so, evidence that they have the necessary knowledge of English.

(2) To determine whether rule 50(1)(c) applies, the regulator will apply the criteria in rule 16 of these Rules.

(3) If the evidence supplied by the applicant under paragraph (1) does not satisfy the regulator that they meet the requirements of paragraph (1), it may request any further evidence which it considers necessary in support of the renewal application.

51.

A registered social worker is eligible to have their registration renewed if they provide information in accordance with rule 50 and make a declaration that the information they have previously provided to the regulator under rule 22 has not otherwise changed since their initial registration or previous renewal, as the case may be.

Continuing professional development

52.

A registered social worker must maintain an up-to-date record of their continuing professional development in order to demonstrate to the regulator upon request that they meet the requirements of rule 50(1)(a) of these Rules.

53.

The regulator will notify a registered social worker if they intend to inspect any continuing professional development records that the registered social worker has submitted to demonstrate compliance with rule 50(1)(a) of these Rules.

54.

If, upon inspection, the registered social worker has not provided information to the regulator which complies with rule 50(1)(a) of these Rules, the regulator may:

  • (1) decide to remove the registered social worker from the Register using the procedure set out in Part 2 of the Social Work England (Registration – Removal from the register and Registration Appeals) Rules 2019.
  • (2) apply conditions to the registered social worker’s entry on the Register, using the procedure set out in rules 30-36 of the Rules.

Registration period

55.

Where the regulator decides that the registered social worker is eligible to have their registration renewed, the period of renewed registration is 1 December - 30 November.

Procedure

56.

A registered social worker is able to apply to renew their registration between 1 September and 30 November each year.

Part 8: Restoration to the register

57.

This Part applies where an applicant has made a restoration application in accordance with regulation 15, with the exception of applicants who were removed as a result of a removal order.

Persons not eligible to have their registration restored

58.

An applicant is not eligible to have their registration restored if they are subject to rule 13.

Eligibility for restoration

59.

(1) An applicant applying to have their entry in the register restored must provide the following information to the regulator:

  • (a) evidence that they meet the professional standards relating to continuing professional training and development;
  • (b) evidence in accordance with rule 15;
  • (c) where the regulator determines that it is necessary for the registered social workers to do so, evidence that they have the necessary knowledge of English;
  • (d) where the applicant’s registration has lapsed for more than five years at the time of their application, evidence of 60 days of updating their skills, knowledge and experience in accordance with guidance produced by the regulator to demonstrate that they have relevant additional education or training.
  • (e) where an applicant’s registration has lapsed for a period of between two and five years at the time of their application, evidence of 30 days of updating their skills, knowledge and experience in accordance with guidance produced by the regulator to demonstrate that they have relevant additional education or training; and
  • (f) whether they have ever been removed from the register under regulation 14(1A).

(1A) The period for any activity relied upon for the purposes of meeting the conditions set out in rule 59(1)(d) and rule 59(1)(e) must be no more than 12 months prior to the date of the application.

(2) To determine whether rule 59(1)(c) applies, the regulator will apply the criteria in rule 16 of these Rules.

(3) An applicant must provide, as soon as possible, any further information or evidence requested by the regulator which it considers necessary in support of the restoration application.

60.

An applicant is eligible to have their registration restored if they provide information in accordance with rule 59 and make a declaration that the information they have previously provided to the regulator under rule 22 has not otherwise changed since their last period of registration.

Applications for restoration

60A. (1) An application for restoration must be made in a form specified by the regulator.

(2) The application shall include:

  • (a) a warning about the consequences of providing false or misleading information;
  • (b) a warning that failure to notify the regulator as soon as practicable if any of the information that is registered in relation to the applicant ceases to be accurate may lead to suspension or removal of their entry in the register;
  • (c) a statement that registered status is dependent on compliance with the professional standards and any other codes and standards relevant to social work and that failure to comply with any of these may be taken into account in any fitness to practise proceedings.

(3) An application can be submitted in writing or electronically.

(4) The application must:

  • (a) be completed by the applicant;
  • (b) be signed by the applicant, or confirmed by the applicant

Assessment of restoration applications

60B. (1) The regulator must decide a restoration application within 20 working days, starting from the day that:

  • (a) a completed application; or
  • (b) information requested under rule 60B(2);

is received, whichever is the later.

(2) An applicant must provide any further information or evidence requested by the regulator which it considers necessary in support of the restoration application within 28 calendar days of the request being made.

Closure of restoration applications

60C. A restoration application will be closed by the regulator if:

(1) Rule 58 applies to the applicant (persons not eligible to have their registration restored);

(2) Rule 19 applies to the applicant as if it read “rule 60C applies…”.

60D. A restoration application may be closed by the regulator if, upon expiry of the relevant timeframe, the applicant has failed to provide information in accordance with a request made under rule 60B(2).

60E. A person whose registration application has been closed in accordance with rule 60C or rule 60D and who wishes to be considered for restoration must make a new restoration application.

Registration period

61.

Where the regulator decides that the applicant is eligible to have their registration restored, the first period of renewed registration will be to the end of the current registration period.

Refusal to restore

62.

Where the regulator determines not to restore the applicant’s entry on the register, the applicant may appeal this decision in accordance with Part 3 of the Social Work England (Registration – Removal from the register and Registration Appeals) Rules 2019.

Failure to comply

63.

(1) If a registered social worker fails to provide information or evidence requested in accordance with rule 50(3), or rule 59(3), the regulator may take action in accordance with regulation 16(4) and rule 51 of the Fitness to Practise Rules 2019.

(2) Where a registered social worker has failed to provide sufficient evidence in accordance with rule 50(1), the regulator may refuse to renew the registered social worker’s entry in the register, taking account of rule 27 of these Rules.

(3) Where a decision is made to remove an entry in the register in accordance with rule 63(2) the regulator must follow the procedures in Part 2 of The Social Work England (Registration – Removal from the register and Registration Appeals) Rules 2019.

(4) Regulation 13(2) applies where a registered social worker fails to renew their registration within a timeframe specified in accordance with these Rules.

64.

Where the European Union (Recognition of Professional Qualifications) Regulations 2015/2059, European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019/593 or European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020/1394 state that the provisions of the Social Workers Regulations 2018/893 as they stood at 31 December 2020 continue to apply to an applicant or registered social worker, these Rules shall also continue to apply to that applicant or registered social worker as they stood at 31 December 2020.

 

Version history

Last updated: 16 December 2022

  • Changes made to reflect the rules amends following consultation

29 July 2022:

  • Changes made to reflect the rules amends following consultation

First published: 2 December 2019

Registration rules: archive versions

You can view previous versions of our removal and registration appeal rules. Please note these archive versions are for reference only. You should read the current version for up-to-date rules.

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