Attendance of people at fitness to practise hearings
Guidance for parties during the fitness to practise process including adjudicators, legal advisors, social workers and any representatives.
Attendance of people at fitness to practise hearings
Last updated: 29 July 2022
Contents
- About this guidance
- The role of the adjudicator
- Approving lay representatives
- Withdrawal of approval of a lay representative
- Excluding people from a hearing
About this guidance
This guidance is for those involved in the fitness to practise process, specifically:
- adjudicators
- legal advisers
- the regulator (Social Work England)
- social workers
- any representatives
- members of the public attending a hearing
The guidance sets out the circumstances and factors which may lead to us and/or the adjudicators exercising the power to:
- agree that a member of the social worker’s family or another suitable person may act as a representative during a hearing
- exclude a person from a fitness to practise hearing
The types of fitness to practise hearings that are covered in this guidance include:
- case management hearings [1]
- interim order application hearings
- interim and final order review hearings
- restoration application hearings
- remitted final fitness to practise hearings
- final fitness to practise hearings
[note 1] Fitness to Practise Rules 2019 (as amended). Rule 26(a) notes that case management is conducted by way of a ‘meeting’, but that it can be done by an agreed method, such as by way of a case management hearing.
The role of the adjudicator
Adjudicators have control over the way hearings take place.
They must ensure that all proceedings are fair. To do this the adjudicators must determine issues of a social worker’s fitness to practise as efficiently as possible, whilst making sure that all relevant evidence is fully presented and that each party has a reasonable opportunity to present their case in full.
All hearings are scheduled according to the length of time that the parties expect they will need to determine all of the relevant issues.
A detailed hearings timetable will have been developed as part of pre-hearing case management. Adjudicators are entitled to take firm action in response to any conduct that unreasonably threatens the completion of the hearing according to the hearings timetable. This may include exercising control over the people who can participate and/or attend a hearing.
Approving lay representatives
In fitness to practise proceedings, a social worker may be represented by:
- a solicitor or barrister registered in the UK, or a Chartered Legal Executive
- a representative from any professional organisation of which the social worker is a member
- a lay representative, such as a member of the social worker’s family or other suitable person [2] (at the discretion of the regulator or the adjudicators conducting the hearing, as the case may be)
If a request is made for a family member of another suitable person to represent the social worker at a hearing, the regulator or the adjudicators must assess whether they are suitable to do so. They must balance the interests of the social worker in being represented by a person of their choice, against the need for a hearing to run as efficiently as possible and in line with the hearings timetable.
There are factors which may indicate that someone is unsuitable to represent the social worker as a lay representative at a hearing, include but are not limited to:
- if a person has been removed or suspended from a professional register (or their registration is subject to conditions) as a result of concerns about their fitness to practise
- an order by a competent authority (such as the Disclosure and Barring Service) barring the person from working with vulnerable adults or children
- a finding that the person is a vexatious litigant or has been subject to a civil restraining order
- a person who has previously been excluded from a hearing by Social Work England’s adjudicators
- a conviction for a serious criminal offence such as fraud or dishonesty, blackmail, sexual or violent offences and hate crime and including those that would result in automatic removal from the register if committed by a social worker
- a person who has been the subject of an adverse finding in civil proceedings, particularly in relation to misconduct or fraud
A person who has already supported a social worker during an investigation would not automatically be a suitable person to provide lay representation at a hearing. All the evidence available will be considered when deciding whether someone can act as a lay representative.
[note 2] Rule 40 Fitness to Practise Rules 2019 (as amended)
Withdrawal of approval of a lay representative
We may decide to withdraw an approval of a lay representative if they exhibit any conduct which may indicate that they could disrupt the orderly running of the hearing before it takes place. This may be apparent in both written and verbal interactions in the lead up to the hearing.
This conduct may include but is not limited to:
- refusal to abide by case management directions or the directions or decisions of the adjudicators
- intimidating, offensive, insulting behaviour or potentially discriminating behaviour towards parties, witnesses, the adjudicators, the legal adviser or our staff
- any form of physical aggression, whether actual or threatened, and whether inside or outside the hearing
- making submissions that are irrelevant to the issues at hand or that are repetitive
Excluding people from a hearing
The adjudicators may exclude anyone from a hearing whose presence and/or conduct, in their opinion, is likely to disrupt the orderly conduct of the proceedings [3]. This includes representatives.
Conduct that is likely to disrupt the orderly running of the hearing may be apparent via both written and verbal interactions in the lead up to the hearing.
[note 3] Rule 38(d) Fitness to Practise Rules 2019 (as amended)
Representatives or parties
Adjudicators or the regulator should carefully consider whether to exclude a social worker or a representative from the hearing given the impact this may have on the ability of the social worker to have a fair hearing. The adjudicators or the regulator should consider offering a warning about the conduct to allow the social worker or their representative an opportunity change their behaviour.
If adjudicators or the regulator are considering excluding a party to the proceeding, they should allow both parties (Social Work England and the social worker and/or their representative) an opportunity to be heard as to whether that party should be excluded from the hearing.
Conduct that the regulator or the adjudicators may decide justifies excluding a representative or party from a hearing includes, but is not limited to:
- repeated, unnecessarily aggressive, confrontational or irrelevant questioning of witnesses
- refusal to abide by case management directions or the directions or decisions of the adjudicators
- intimidating, offensive, insulting behaviour or potentially discriminatory behaviour towards parties, witnesses, the adjudicators, the legal adviser or our staff
- any form of physical aggression, whether actual or threatened, and whether inside or outside the hearing
- making submissions that are irrelevant to the issues at hand or that are repetitive
General people in attendance
Apart from those directly engaging in the hearing, there may be other people at the hearing. For example, members of the public, members of the social worker’s family or journalists.
Conduct or circumstances that the regulator or the adjudicators may decide justifies excluding a person from a hearing includes, but is not limited to:
- intimidating, offensive, insulting behaviour or potentially discriminatory behaviour towards parties, witnesses, the adjudicators, the legal adviser or our staff
- any form of physical aggression, whether actual or threatened, and whether inside or outside the hearing
- generally interrupting the proceedings
Version history
Last update: 29 July 2022
- Title has been changed for clarity
- Language review carried out to make document more accessible
- Updated to reference new rules relating to representation
- Scope of document extended to include factors to consider when someone may need to be excluded from a hearing or that may make someone unsuitable to act as a lay representative
First published: 2 December 2019