Guidance for adjudicators making registration appeal decisions
This guidance sets out the process that adjudicators must follow when making decisions about registration appeals.
Guidance for adjudicators making registration appeal decisions
Last updated: 16 December 2022
- About this guidance
- Appealable decisions
- The purpose of an appeal
- Overview of the appeal process
- What happens when we receive an appeal
- Case management
- Registration appeal by way of a meeting
- Registration appeal by way of a hearing
- Decisions
- Withdrawing an appeal
- Appendix 1 - Types of appeals
- Appendix 2 - Specific factors to take into account
About this guidance
This guidance is for (both of the following):
- adjudicators
- legal advisers
But may also be of assistance to (any of the following):
- Social Work England’s advocates
- Social Work England’s hearings team
- the appellant
This guidance sets out the process that adjudicators must follow when making decisions about registration appeals.
If you are an applicant who wants to appeal a decision, read our registration appeals guidance.
References and terms used in this guidance
Any reference to a regulation will be to the Social Worker Regulations 2018 (as amended) (unless otherwise stated).
Any reference to a rule will be to the Removal from the Register and Registration Appeals Rules 2019 (as amended) (unless otherwise stated).
To ensure consistency with our rules and regulations, we have used the following terms in the guidance:
Applicant
A person who has made an application to Social Work England for (either of the following):
- registration under regulation 10
- restoration under regulation 15
Appellant
A person who has appealed a decision made by Social Work England under regulation 19(1).
Appealable decisions
Under regulation 19(1), an applicant can appeal the following registration decisions:
- Refusal of entry to the register under regulation 10(3) except for when the applicant did not:
- pay the relevant fee within the required timeframe
- follow our application process
- A request for them to do an English language assessment under regulation 11(4)(b)
- Removal from the register for failing to meet a condition of their registration under regulation 11(6)(e)
- Removal from the register for failing to meet continuing professional development requirements under regulation 11(6)(f)
- If we do not recognise them as an 'exempt person' under regulation 11(8)
- Removal from the register for failure to renew their registration under regulation 13(6) except for when the applicant did not:
- pay the relevant fee within the required timeframe
- follow our application process
- Removal from the register under regulation 14(1)(a) because we believe their registration was:
- (or is) fraudulent
- incorrectly accepted
- Refusal to restore registration under regulation 15(10) except for when the applicant did not:
- pay the relevant fee within the required timeframe
- follow our application process
- Refusal to restore any annotations under rule 46 (of the Registration Rules 2019 (as amended))
- If our decision was not made within the time limits specified in our rules
The purpose of an appeal
The purpose of an appeal is for the adjudicators to (both of the following):
- reconsider the evidence used to make the original decision
- consider any new evidence that the appellant has submitted during the appeal
It is not to review the decision made by the regulator.
Overview of the appeal process
- The registration team makes a registration decision
- The registration team sends the decision to the applicant
- The applicant sends a notice of appeal to the registration team (and becomes an appellant)
- The registration team checks the appeal application documentation and either accepts or rejects it, based on if the application meets the formal requirements
- If the appeal is accepted, the registration team informs the hearings team of the appeal
- The hearings team appoints the panel of adjudicators for the appeal
- The hearings team arranges an adjudicator administrative meeting with the adjudicators and a legal adviser
- The hearings team will share the outcome of that meeting with the appellant and Social Work England
- The hearings team arranges a case management meeting ahead of the appeal hearing or meeting (if necessary)
- The hearings team will share the outcome of that meeting, including any directions made, with the appellant and Social Work England (if applicable)
- A hearing or meeting takes place to consider the appeal
- The hearings team shares the decision with the people involved, including the appellant and Social Work England
- The hearings team publishes the decision on our website (if appropriate) [1]
[note 1]: In accordance with rule 22 of the Removal from the Register and Registration Appeals Rules 2019 (as amended)
What happens when we receive an appeal
The procedure for making an appeal is set out in part 3 of the rules.
Role of the registration team
The appellant must make their appeal in writing within 28 calendar days of receiving the decision they want to appeal. This is in accordance with rule 12.
Before accepting an appeal, our registration team will make sure that the (both of the following):
- appellant submitted the appeal in time
- decision is appealable
If this is unclear, they may ask the appellant to provide more information.
Checking the appeal
The notice of appeal should set out the grounds of appeal. These should explain why the appellant believes the decision was (either of the following):
- incorrect
- does not comply with the relevant Social Work England rules
The appellant must also confirm whether they want an oral hearing. This is in accordance with rule 12(2). Where the appellant has indicated they wish to appear before the adjudicators at a hearing, they will also be asked if they have any objections to the hearing taking place remotely.
If the appellant has not requested an oral hearing, the registration team will ask them whether they want us to deal with the appeal at a hearing or a meeting. If the appellant does not specify if they want a hearing, it will be listed as a meeting in the first instance unless the adjudicators decide otherwise.
If the appeal is not accepted
An appeal will be rejected where (either of the following):
- it is not an appealable decision under regulation 19(1)
- where the appeal has not been made in writing within 28 calendar days of receiving the decision they want to appeal
The registration team will write to the appellant to confirm the appeal is not accepted and explain why.
If the appeal is accepted
If the appeal is accepted, the registration team will (both of the following):
- instruct legal representatives to act on our behalf (either from our external legal providers or our in-house legal team)
- ask the hearings team to list the appeal
Appointing adjudicators
The hearings team must appoint 2 or more adjudicators to consider the appeal. The adjudicators will always include a chair and a social worker adjudicator. This is in accordance with regulation 19(2).
Rules 13 and 14 provide further direction on the appointment of adjudicators.
Declaring conflicts of interest
As an adjudicator, you must declare any actual (or perceived) conflicts of interest to the hearings team. You must do this before considering a registration appeal.
Case management
Before the hearing or meeting to decide the appeal
As an adjudicator, you should consider whether we need to take any further case management steps before any hearing or meeting.
In accordance with rule 15(2) you can (any of the following):
- decide to dispose of the registration appeal with or without a hearing, subject to rule 15(4)
- require people (other than the appellant) to provide documents and if there is a hearing to (both of the following):
- attend the hearing
- give evidence at the hearing
- decide what evidence should be considered at the meeting or hearing (including new evidence)
- give any other directions you consider necessary
The hearings team will arrange an adjudicator administrative meeting for you and the other adjudicators to consider and discuss this. If you consider the parties attendance is necessary to determine any of these matters, then a case management meeting can also be held. See section ‘case management meetings’ below.
A legal adviser will assist you at these meetings. They will also be responsible for recording any decisions you make.
Decide whether to determine the appeal at a meeting or hearing
As an adjudicator, you must decide whether the appeal should be determined at a meeting or hearing. This is in accordance with rule 15(2)(a).
Hearings
The appellant and Social Work England are invited to attend a hearing before the adjudicators. Both will be able to give oral submissions about the appeal. Hearings are generally held in public so members of the public can also attend.
Meeting
The adjudicators will consider the appeal at a meeting. The appellant and Social Work England are not invited and will not be able to give oral submissions but may provide written submissions for the adjudicators to consider. Meetings are held in private and members of the public are not able to attend.
If the appellant has made a request
The appellant should have confirmed in their appeal whether they want a hearing. This is in accordance with rule 12(2).
If this was not stated, the registration team would have contacted the appellant to get confirmation. Read more about the role of the registration team in the appeal process.
If the appellant has requested a hearing, there will be a hearing.
If the appellant does not want to have a hearing (or does not have a preference), you must decide whether the appeal should be dealt with at a meeting or at a hearing.
For example, if you think that a hearing is required, you can hold a hearing even though the appellant does not want one. For example, if you think the appellant (or a witness) needs to give oral evidence.
The adjudicator administrative meeting decision should clearly explain why a hearing is (or is not) necessary.
Other directions
In accordance with rule 15(2)(d), you can issue any directions you consider necessary to ensure that you have all the relevant information and that the appeal runs smoothly. The directions should also ensure that the appeal is dealt with within the timeframes provided under the rules and, where appropriate, specific directions may be given to that effect.
The adjudicator administrative meeting decision should clearly detail any directions that have been issued.
Directions could include, but are not limited to (any of the following):
- identifying relevant witnesses to attend
- identifying relevant documents to be provided by the appellant or Social Work England, such as evidence of qualifications or any relevant training material
- requiring either party to provide a written statement to support their case, which may be necessary when the appellant has not provided enough detail in their initial grounds of appeal
- imposing timeframes for certain documents to be provided. For example, you may decide that either party must submit additional documentation by a certain date
In accordance with rule 15(3)(a) if a direction is not complied with by either the appellant or Social Work England, you may draw an adverse inference when considering the registration appeal. That is, you may draw a negative conclusion about the failure to comply with the direction.
In accordance with rule 15(3)(b), if either party fails to comply with a direction that relates to evidence, you may refuse to admit that evidence.
If possible, the hearings team will use the same adjudicators for the appeal meeting or hearing as they do for the adjudicators administrative meeting.
They do this to (both of the following):
- make the appeals process more efficient
- to ensure continuity of registration appeals
Case management meetings
In general, the parties are expected to engage and resolve any pre-hearing issues with each other ahead of the registration appeal. However, there may be circumstances where (either of the following):
- the parties cannot agree on a legal or procedural issue
- the parties require the approval of the adjudicators to take a particular step
This may require a case management meeting.
The case management procedures and powers are set out in rules 24- 29 of the Removal from register and registration appeal rules 2019 (as amended). These rules allow for case management meetings to be held by (either of the following):
- the regulator (in this instance, by a hearings case manager)
- an adjudicator
In general, the hearings team will appoint a suitable adjudicator (or adjudicators) as a case manager. The adjudicator (or adjudicators) will then chair the case management meeting. This includes issuing case management directions.
A case management meeting takes place in private, and the parties will be able to (all of the following):
- attend
- makes submissions
- provide written submissions ahead of the meeting
If a case management meeting is required, the hearings team will arrange a meeting, usually by means of telephone conference between the parties.
The appellant must be given at least 7 calendar days’ notice of the case management meeting, unless they agree to shorter notice.
The adjudicator that chairs the case management meeting does not need to be the same adjudicator that hears the case (although sometimes continuity of the adjudicators will make the hearing/meeting more efficient).
Social Work England will be represented by lawyer with detailed knowledge of the case. For example, this most likely will be the lawyer responsible for presenting the case at the hearing.
The appellant may attend the meeting and be represented but they do not have to.
The case management meeting will go ahead whether or not all parties join the meeting.
Case management directions
The adjudicators or regulator may give any directions they consider necessary.
Case management directions may include but are not limited to (any of the following):
- the format of the appeal if it is being carried out as a hearing (in-person, remote or a mix of both – we call this ‘hybrid’)
- how a witness may give evidence
Directions may also be given on legal arguments. For example, about admissibility of evidence. Case management directions are binding on both the parties and on the adjudicators that consider the appeal. This is unless the adjudicator(s) consider that (either of the following apply):
- there has been a material change of circumstances
- it is not in the interests of justice for that to be the case
The hearings team will serve on the parties a record of the directions issued as soon as possible after a case management meting but in any event no more than 7 calendar days after the conclusion of the meeting.
Participation
The appellant does not have to take part in the pre-hearing case management process. However, it is in their interests to participate as case directions are binding on the parties and the adjudicators that consider the appeal.
If the appellant does not participate in the pre-hearing case management process, they will still be subject to the case management directions. These directions may restrict how they can present their case at the hearing.
The adjudicators may prevent a party from calling evidence at the hearing if they failed to disclose or mention it during pre-hearing case management. [2] Unexpected additional evidence can be disruptive to the smooth progress of an appeal. This applies equally to Social Work England as it does to the social worker.
[note 2]: Rule 15(3) of the Removal from the register and registration appeal rules 2019 (as amended) – where the appellant or the regulator fails to comply with these rules, or a direction given under these rules, the adjudicators may (a) draw adverse inferences and (b) refuse to admit evidence where the failure relates to admissibility of that evidence.
Registration appeal by way of a meeting
Notice
To confirm that the appeal will be disposed of by way of a meeting, the hearings team will send the adjudicator administrative meeting decision to the appellant in accordance with part 4 of the rules. This includes using one of the following methods as set out in rule 23(1)(a) (one or more of the following):
- By placing it on the Social Work England online account (where the appellant has agreed to accept notices or communications from the regulator in this way)
- By sending by email to an email address held by Social Work England
- By sending by courier, next day delivery service or ordinary post to an address provided by the appellant to Social Work England
- By personal service on the appellant
The appellant may nominate a representative to accept service on their behalf.
The adjudicator administrative meeting decision will also give a deadline of 21 calendar days in which the appellant can object and request a hearing in accordance with rule 15(4). A hearing must be held if the appellant requests one.
Procedure
Meetings may be held by phone or using video conferencing software. They will proceed without witnesses or oral submissions from either Social Work England or the appellant. However, either party may provide written submissions for consideration if they choose to do so.
Decision
In accordance with regulation 19(6), having considered the appeal you may make the following decisions (any of the following):
- dismiss the appeal
- quash the decision
- substitute for the decision being appealed with any other decision that the decision maker could have made
- remit the decision to the regulator to be disposed of as directed by you
More information about the decisions you can make is available in the ‘available decisions’ section of this document.
Registration appeal by way of a hearing
If you decide to consider the registration appeal at a hearing or an appellant requests a hearing, the hearings team will schedule this, taking into account any directions that were set.
Notice
In accordance with rule 15(5), the appellant must be provided with at least 28 calendar days' notice of the hearing.
In accordance with rule 15(5), the notice of hearing must include the dates, times and place of the hearing which will then be sent to the appellant using one of the methods outlined in rule 23(1)(a) (see above).
Notice of the hearing will be sent by the hearings team.
Public or private hearing
In accordance with rule 17, a hearing will be held in public unless (either of the following):
- the proceedings are to consider the physical or mental health of the appellant
- you, consider that it would be appropriate to hold the hearing in private, having regard to:
- the vulnerability, interests or welfare of any participant in the proceedings, or
- the public interest, including in the effective pursuit of the regulator's overarching objective
If the appellant asks for the hearing to be held in private, you should consider the reasons provided to determine whether it is appropriate to hold all or part of the hearing in private, with regard to rule 17.
You do not have to hold the hearing, or any part of it, in private if you do not feel it would be appropriate to do so, but you should provide clear reasons for your decision.
Procedure
In accordance with rule 15(1) you, may regulate your own proceedings and must conduct the hearing in a manner you consider fair. However, most hearings will follow the procedure set out below.
It is important to remember that the burden of proof is on the appellant, as the person making the appeal.
- The chair will begin proceedings, introduce the adjudicators and ask the rest of the people present to introduce themselves in turn
- The adjudicators will deal with any preliminary issues. This may include deciding whether (any of the following):
- the appellant has been given the required notice of the hearing, in accordance with rule 15(5)
- the notice of hearing was properly served, in accordance with rule 23
- to proceed in the absence of the appellant, or alternatively adjourn the hearing
- the hearing should be held in private, in part or in full
- The appellant, or a representative acting on their behalf, will be asked to present their case (if the appellant is not represented, the adjudicators may ask Social Work England’s advocate to introduce the background to the appeal). If the appellant is not represented, the adjudicators (with assistance from the legal adviser) should clarify whether the appellant intends to make submissions or give evidence.
- The appellant will be given the opportunity to give evidence and call any witnesses. The adjudicators and Social Work England can ask questions of the appellant (if they give evidence) and any witnesses that are called on their behalf.
- Social Work England will then present its case and be given the opportunity to call its own witnesses. The adjudicators and the appellant can ask questions of Social Work England’s witnesses.
- Once each party has presented its case and the adjudicators have clarified any issues, they will give the parties an opportunity to make any closing submissions.
- If necessary, the adjudicators can ask for legal advice from the legal adviser. If legal advice is given, the appellant and Social Work England will be given the opportunity to hear and comment on the legal advice.
- The adjudicators will retire to make their decision.
You will announce your decision and provide full reasoning in writing.
Further details regarding the decisions you can make can be found later in this document.
General factors to take into account
The burden of proof in an appeal is on the appellant, as the person appealing the regulator’s decision.
Public protection
When considering an appeal, you must have regard to Social Work England’s overarching objective to protect the public under section 37 of the Children and Social Work Act 2017.
This requires you to consider the following supporting objectives (all of the following):
- To protect, promote and maintain the health, safety and well-being of the public
- To promote and maintain public confidence in social workers in England
- To promote and maintain proper professional standards for social workers in England
Your decision should clearly explain how you have reached your decision having regard to public protection.
Evidence
The evidence required for an appeal is set out in our rules and the regulations. This section of the guidance should be read alongside, rather than instead of, the relevant rules and regulations.
Some examples of evidence that may be relevant to an appeal have been provided below. This list is not exhaustive, and the examples listed will not be applicable in every case.
- Up to date evidence relating to a health condition that details (all of the following):
- the nature and seriousness of the health condition
- how the condition may affect the appellant’s ability to practise safely and effectively
- what steps the appellant is taking to manage the condition and how effective these are
- whether the appellant’s employer is aware of the condition (if relevant)
- any relevant dates of occurrences and treatment
- Evidence of the appellant’s qualifications, including (any of the following):
- certificates
- course transcripts
- References, including (any of the following):
- character references
- testimonials
- employment references
- Witness evidence, including (either of the following):
- witness statements
- oral evidence
- Evidence of further training undertaken, such as (any of the following):
- supervised practice under a registered social worker
- observing or shadowing a social worker
- completing a postgraduate course
- undertaking CPD courses or activities
- voluntary or unpaid work
- reading articles, books or websites
- reflecting on learning
Documents not written in English
Any documents that are not written in English must be accompanied by a certified translation. Further details about what amounts to a certified translation can be found in our guidance for overseas applicants.
Decisions
Available decisions
In accordance with regulation 19(6), having considered the appeal, you may make the following decisions:
1. Dismiss the appeal
This means you have not reached a different decision to the regulator’s (or determined that the decision was made outside of the time limit specified in the rules) and the appeal is unsuccessful. If the appeal is dismissed, the original decision of the regulator will be left standing.
2. Quash the decision
This means you are not satisfied with the decision that was reached by the regulator. Quashing the decision means that the original decision is set aside. The matter will then be referred back to the regulator, who will make a fresh decision. This outcome may be appropriate for example where you have received further information about the appellant’s education and training as part of the appeal which was not considered by the regulator’s specialist registration advisers.
3. Change the decision
This means that you have reached a different decision to the regulator. You can change the original decision and substitute it with a fresh decision of your own, if you feel it is appropriate to do so. It must be a decision that was available to the regulator at the time of making the original decision.
4. Remit the decision to the regulator with directions
This means you are not satisfied with the decision that was reached by the regulator and consider that further steps should be taken before a fresh decision is made. Rather than setting aside or changing the decision, you may choose to send it back to the regulator with directions as to how the matter should be disposed of, for example by directing that the regulator should give the appellant an opportunity to provide further information before re-assessing their eligibility to join the register.
Reasons
You should provide full reasons for your decision [3].
Your determination should make clear how you have reached your decision, having regard to the specific requirements of the rules, regulations, and Social Work England’s overarching objective to protect the public [4].
Failure to give adequate reasons for a decision may amount to a serious procedural or other irregularity [5].
[note 3]: Paragraph 27 of General Medical Council v Sledzik [2019] EWHC 189 (Admin)
[note 4]: Paragraph 32 of Council for the Regulation of Healthcare Professionals v General Dental Council and Marshall [2006] EWHC 1870 (Admin)
[note 5]: Paragraph 10 of Professional Standards Authority v (1) Health & Care Professions Council (2) Benedict Doree [2017] EWCA Civ 319
Notification
In accordance with rule 20(2), once you have determined the outcome of the registration appeal in accordance with regulation 19(6) and (7), the hearings team will notify the appellant and, where applicable, their representatives of the outcome of the determination within 7 calendar days of the date on which it is made.
The hearings team will send a copy of the decision by next day delivery or ordinary post to an address provided by the appellant or their representative, or via email to an email address that we hold for the appellant or their representative.
The hearings team will also notify any other person of the outcome if it is considered to be in the public interest, such as an employer or other regulatory body if the appellant is also registered with another regulator.
Right of appeal
Under regulation 19(7), where applicable, the hearings team must also notify the appellant of their right to appeal your decision to the county court. The right of appeal will be outlined within the decision letter.
Publishing a decision
Under rule 22(2), if the appellant’s appeal is dismissed the hearings team will publish the details of your decision and reasons for 1 year.
If, however, the decision is quashed, changed or remitted back to the regulator with directions, the hearings team will only publish your determination if the appellant requests this. If the appellant requests that your decision is published, the hearings team will publish the decision for 1 year from the date of the decision on our website.
Withdrawing an appeal
An appeal can be withdrawn by the appellant at any time before the hearing or meeting commences.
The appellant should make a request to withdraw their appeal in writing, including by email, and send this to the hearings team, copying in Social Work England’s advocate.
The hearings team will then pass the request to the head of registration for consideration and update Social Work England’s advocate (if they were not copied into the request from the appellant).
If the request to withdraw the appeal is accepted, the registration team will update the hearings team and write to the appellant to confirm that the hearing or meeting will not go ahead.
Appendix 1 - Types of appeals
Refusal of entry to the register under regulation 10(3)
In line with the regulator’s overarching objective to protect the public, it is important that anyone registered as a social worker has the appropriate qualifications, knowledge and skills to carry out the role safely.
Accordingly, any person who wishes to be registered as a social worker must apply to register in accordance with regulation 10 and part 4 of the Registration Rules 2019 (as amended).
Under regulation 11(2), a person is eligible to be registered where the regulator is satisfied that they (all of the following):
- have a recognised qualification as defined in the registration rules
- are capable of safe and effective practice in accordance with the professional standards relating to proficiency, performance, and conduct and ethics
- have the necessary knowledge of English
- have not been convicted of a listed offence (other than a conviction that has been quashed)
Further guidance regarding recognised qualifications, safe and effective practice and knowledge of English can be found later in this document.
In accordance with registration rule 13, an applicant is not eligible to be registered if they have been convicted of a listed offence.
Listed offences are specified in schedule 3 of the regulations and include serious violent or sexual offences.
Removal for fraudulent or incorrect entry under regulation 14(1)(a)
Under regulation 14(1)(a), a social worker’s entry must be removed from the register where the regulator is satisfied that their registration was fraudulently procured or incorrectly made.
When considering an appeal relating to an allegation of fraudulent or incorrectly accepted registration, you should bear in mind that you are not assessing the appellant’s current practice.
You must instead consider whether the appellant should have been accepted onto the register at the time they applied, or whether their registration should have been renewed.
The requirements for registration when the appellant was included on the register may be different from current requirements. Therefore, you should consider the legislation and processes that were in place at the time of the registration application to determine whether the registration was fraudulently procured or incorrectly made.
Refusal to restore registration under regulation 15(10)
There are a number of ways in which an application for restoration to the register can be considered, depending on how and when a person was removed from the register.
1. Removal other than as a result of a removal order
In accordance with regulation 15(1), an applicant who was removed from the register can apply for restoration to the register.
Regulation 15(1) does not, however, apply in the case of a person whose entry was removed under regulation 26(5) (automatic removal from the register) where their conviction has not been quashed, or where the person was removed as a result of a removal order. See below for information about these applications.
Regulation 15(1) will apply to those social workers removed during fitness to practise proceedings under the voluntary removal powers. [6]
Under regulation 15(7), an applicant is eligible to be restored to the register where the regulator is satisfied that they meet (both of the following):
- the requirements for initial registration referred to in regulation 11(2)
- any requirements as to additional education, training or experience, as are determined by the regulator to apply to them
Under registration rule 59(1), an applicant applying for restoration must provide the following information (all of the following):
- evidence that they meet the professional standards relating to continuing professional training and development
- evidence that they are capable of safe and effective practice in accordance with professional standards relating to proficiency, performance and conduct and ethics in accordance with registration rule 15
- evidence that they have the necessary knowledge of English, where necessary
- evidence of them updating their skills, knowledge and experience in accordance with the guidance (either of the following):
i. 60 days (no more than 12 months prior to the application being made) if the appellant’s registration lapsed more than 5 years at the time they applied to be restored to the register
ii. 30 days (no more than 12 months prior to the application being made) if the appellant’s registration lapsed between 2-5 years at the time they applied to be restored to the register
- whether they have ever been removed from the register under regulation 14(1A)
The applicant must also make a declaration that the information they have previously provided to the regulator, under registration rule 22, has not changed since they were last registered.
In accordance with regulation 15(3)(b), applications for restoration under this part will be determined by the regulator in the first instance. However, appeals against these decisions will be considered by the adjudicators as a registration appeal.
[note 6]:Regulation 14(1A) of the regulations
2. Automatic removal under regulation 26(5)
Under regulation 26(5), a social worker will be removed from the register if they have been convicted of a listed offence committed on or after 2 December 2019 (when the regulations came into force).
Under regulation 15(8), a person whose entry was removed from the register under regulation 26(5) and whose conviction is subsequently quashed, is eligible to be restored to the register where the regulator is satisfied that (both of the following):
- their conviction has been quashed
- they meet the requirements for initial registration referred to in regulation 11(2), and any requirements as to additional education, training or experience as are determined by the regulator to apply to them
As above, under registration rule 59(1), an applicant applying for restoration must provide the following information (all of the following):
- Evidence that they meet the professional standards relating to continuing professional training and development
- Evidence that they are capable of safe and effective practice in accordance with professional standards relating to proficiency, performance and conduct and ethics in accordance with registration rule 15
- Evidence that they have the necessary knowledge of English, where necessary
The applicant must also make a declaration that the information they have previously provided to the regulator, under registration rule 22, has not changed since they were last registered.
In accordance with regulation 15(3)(b), applications for restoration under this part will be determined by the regulator in the first instance. However, appeals against these decisions will be considered by the adjudicators as a registration appeal.
3. Removal as a result of a removal order
A decision not to restore a person’s name to the register under regulation 15(10), namely restoration following a removal order is an appealable decision under regulation 19(1)(h).
Under regulation 15(4), a person whose entry has been removed from the register as the result of a removal order may not apply to be restored to the register until after the end of a period of 5 years beginning on the date on which the removal order took effect.
This removal order could have been made by us, Social Work England, the Health and Care Professions Council (HCPC) or the General Social Care Council (GSCC).
After 5 years, any such person is eligible to be restored where (all of the following):
- the adjudicators are satisfied that the person meets the requirements for initial registration referred to in regulation 11(2)
- the person has not, in the preceding 12 months, made an application for restoration to the register which was refused
- the person meets any further requirements as to additional education, training or experience as are determined by the regulator to apply to them
In accordance with regulation 15(3)(a), applications for restoration under this part will be determined by 2 or more adjudicators in the first instance. Appeals against these decisions will be considered by the adjudicators as a registration appeal.
Refusal to restore an annotation under registration rule 46
Under registration rule 2, an annotation refers to the recording of a relevant qualification, specialism, accreditation or competence in accordance with regulation 12.
Registration rule 41 describes a relevant qualification, specialism, accreditation or competence as (one of the following):
- Completion of a course approved by the regulator for persons who are or wish to become an approved mental health professional
- Completion of training specified by the regulator to be a best interests assessor
Under registration rule 45, an applicant who is restored to the register may request that any previous annotation is also restored to the register.
In accordance with registration rule 42, a social worker wishing to have their entry on the register annotated must provide the regulator with (all of the following):
- a certificate or evidence of the qualification or training undertaken
- the name and full address, including country, of the provider of the course or training relating to the application for annotation
- the name and full address, including country, of awarding body
- the date the qualification was awarded, or the date the training was completed
- confirmation of the name in which the qualification is held
However, registration rules 45(a) and (b) confirm that Social Work England can require the applicant to provide any further information or evidence which it considers necessary in support of the request before determining whether the annotation should be restored.
Appendix 2 - Specific factors to take into account
Recognised qualifications
To register as a social worker, an applicant must have completed a recognised social work qualification.
Under schedule 1 of the regulations, a person has a recognised qualification if they (any of the following):
- have an approved qualification
- have undergone training in the social work profession outside the United Kingdom, and (either of the following):
- hold a qualification which the regulator is satisfied attests to a standard comparable to that attested to by an approved qualification
- do not hold such a qualification, but the person has undergone such additional training or experience, in the United Kingdom or elsewhere, as satisfies the regulator, following any test of competence as it may require them to take, that they meet the requisite standard for admission to the register
- have undergone training in the social work profession in Wales, Scotland or Northern Ireland
Further information regarding the qualification requirements for overseas applicants or UK applicants can be found in our guidance.
In accordance with registration rule 14(1), the recognised qualification must have been awarded within 5 years of the applicant applying to be registered.
If the qualification was awarded more than 5 years before the applicant applied to be registered, the applicant must provide evidence of 60 days of updating their skills, knowledge and experience in accordance with registration rule 14(2)(a).
If the qualification was awarded between 2 and 5 years before the applicant applied to be registered, the applicant must provide evidence of 30 days of updating their skills, knowledge and experience in accordance with registration rule 14(2)(b).
Under registration rule 14(4), any activity relied on to demonstrate updating skills, knowledge and experience must have been undertaken no more than 12 months prior to the date of the application.
Evidence relevant for updating skills, knowledge and experience could be (any of the following):
- Supervised practice (registration rule 14(3)(a))
- Formal study (registration Rule 14(3)(b))
- Private study (registration Rule 14(3)(c))
Full guidance on each of the above can be found in our registration guidance for applicants who qualified in the UK.
Whatever evidence is provided (supervised practice, formal study or private study), you should be satisfied that the learning was sufficient to ensure that the appellant meets our professional standards.
Safe and effective practice
It is important to note that regulation 11(2) makes clear that the regulator must be satisfied that any applicant for registration is capable of safe and effective practice in accordance with the professional standards relating to proficiency, performance, and conduct and ethics, in addition to their qualification.
Deciding whether an appellant is capable of safe and effective practice will invariably involve an exercise of judgment on the part of the regulator and/or adjudicators. [7]
In determining whether an appellant is capable of safe and effective practice, you should consider the evidence provided by the appellant under rule 15, alongside the professional standards.
The professional standards are the threshold standards necessary for safe and effective practice and set out what a social worker in England must know, understand and be able to do.
You may also be assisted by the professional standards guidance, which provides further explanation of the professional standards and makes clear what is expected of social workers when working with people.
In particular, you should consider any evidence relating to (any of the following):
- a conviction or caution
- a determination by another regulatory body
- the appellant being on the adults’ and/or children’s list or subject to a barring order now or in the past
- a health condition that might impair the appellant’s fitness to practise
- whether the social worker was previously the subject of fitness to practise proceedings where they were removed via voluntary removal. Voluntary removal will only be granted where the social worker agreed that they would not be returning to practice and that they had no intention of seeking restoration to the register
You should also have regard to any other information provided by the appellant to explain the circumstances surrounding anything that may raise concerns relating to safe and effective practice, along with evidence demonstrating insight and remediation.
The evidence provided by the appellant must demonstrate that they have the skills, knowledge, character, and health to practise safely and effectively as a social worker. For this reason, what information you deem to be relevant to a safe and effective practice decision may vary greatly, depending on the circumstances of each case.
However, you should be mindful that they are not basing a decision regarding safe and effective practice on individual pieces of information. This decision requires you to consider the application as a whole, along with a holistic consideration of the rules, regulations, and professional standards.
[note 7]: Paragraph 10 of Doherty v the Nursing and Midwifery Council [2017] EWCA Civ 1344
Knowledge of English
You should be satisfied that the appellant has the necessary knowledge of English. This means that the appellant can (all of the following):
- speak and write in English to a certain level
- understand people when they speak to them
- understand documents written in English
In accordance with registration rule 16, you must be satisfied that the appellant can demonstrate one of the following:
1) They have, within the last 5 years, passed an approved test of knowledge of English (registration rule 16(1))
Our qualifying education and training standards make clear that course providers must satisfy themselves that all students must have the necessary level of English to practise as a social worker in England. In this way, an approved qualification includes an approved test of knowledge of English.
Qualifying education and training standards 2019
Standard 2.3 - The admissions process will ensure that applicants have a good command of English.
Qualifying education and training standards 2021
Standard 1.1(ii) - Confirm on entry to the course, via a holistic/multi-dimensional assessment process, that applicants can demonstrate that they have a good command of English.
Accordingly, if an appellant can demonstrate that they have an approved qualification, they will be able to satisfy this requirement.
2) They have, within the last 5 years, obtained an overall score of 7 or more in an International English Language Testing System (Academic) test (IELTS) (registration rule 16(2))
The knowledge of English guidance for applicants confirms that the IELTS certificate must show the original stamp and test report form number.
3) They have been practising social work in English (registration rule 16(3))
Under registration rule 16(3), this will only apply if the appellant has been registered and practising as a social worker in a country where English is the first and native language (using the same measure as discussed above), and (both of the following):
- they were registered and practising for at least one year within the last 5 years
- an English language assessment was required for registration as a social worker
A list of the countries we currently recognise as having English as their first and native language can be found at the end of our registration guidance for applicants who qualified in the UK. This list is based on government guidance and therefore may be subject to change.
Evidence will be required from the appellant’s employer confirming that they have been practising using English.
4) Social work qualifications gained outside the UK and taught in English (registration rule 16(4))
In some circumstances, it is possible for the appellant to use their social work qualification as evidence of their knowledge of English.
To do this, they must have obtained a recognised qualification within the meaning of schedule 1 of the regulations (both of the following):
- within the last 5 years
- in a country where English is the first and native language
Evidence will be required from the course provider confirming that the qualification was entirely taught and examined in English.
For any of the above, the appellant must provide evidence to demonstrate that they meet the English language requirements.
Further information regarding English language requirements for applicants can be found in our registration guidance for applicants who qualified in the UK and knowledge of English guidance for applicants who qualified as a social worker outside the UK.