Challenging a fitness to practise decision

How can I challenge a fitness to practise decision?

Some decisions within the fitness to practise process have a right of appeal and others do not. In the letter that accompanies the fitness to practise decision, we will tell you (both of the following):

• whether your decision has a right of appeal
• by when you would need to file any appeal with the court (this is usually within 28 calendar days)

If (both of the following apply):

• your decision can be appealed
• you believe that the decision was incorrect

you should consider as soon as possible whether you wish to appeal the decision.

The court can (do any of the following):

• replace the decision for a different one (that the adjudicator or regulator could have made at the time)
• quash the decision
• send the decision back to the adjudicators for it to be remade
• dismiss the appeal

How do I file an appeal?

You will need to file any appeals with the Administrative Court, which is part of the High Court. There will be strict timescales for filing the appeal, and specific court forms you will need to use.

The process of an appeal is governed by the Civil Procedure Rules 1998. It can be complex, lengthy and expensive.

We are not able to advise social workers on the process of filing an appeal. As such, you may want to (do either of the following):

• seek legal advice before issuing an appeal
• contact your local High Court for further information

If you decide to appeal, please let us know as soon as possible (by contacting your named fitness to practise contact). Please also share any relevant court papers.

Where there is no right of appeal, you may be able to consider applying for judicial review.

What is judicial review?

Judicial review is a form of court proceeding. In a judicial review, a judge reviews the lawfulness of a decision or action taken by a public body. It is different from an appeal. A judicial review is concerned with the way in which a decision was reached (rather than whether the decision was the right one).

The court cannot replace the decision with one of their own. They can only order that the decision is made again in a lawful way.

When can I apply for judicial review?

Examples of decisions within the fitness to practise process that may be judicially reviewed include (but are not limited to):

• a decision made by our triage team
• any decision made by the case examiners
• a decision made by our power to review team
• a decision made by the adjudicators at a case management meeting

If you are considering making an application for judicial review of a fitness to practise decision, we recommend seeking legal advice as soon as possible.

How do I apply for judicial review?

The process of judicial review is overseen by the Administrative Court. This is part of the High Court. It is governed by the Pre-Action Protocol for Judicial Review and Civil Procedure Rules 1998.

You usually need to apply for judicial review within 3 months of the date of the decision being challenged.

The process of judicial review can be complex, lengthy and expensive. There are specific legal processes to follow before you apply to the court for permission to apply for judicial review.

We are not able to advise social workers on the process of applying for judicial review. As such, you may want to (do either of the following):

• seek legal advice before applying for judicial review
• contact your local High Court for further information

If you decide to apply for judicial review, please let us know as soon as possible (by contacting your named fitness to practise contact). Please also share any relevant court papers.

I don’t want to challenge the decision, but I am unhappy with the way my case or concern was handled. What can I do?

If you are unhappy with the service we have provided, you can raise a complaint through our corporate feedback and complaints process.

We are unable to consider complaints made solely about (either of the following):

• the decisions we have made through our fitness to practise processes
• the decisions our independent decision makers have made