Early reviews

Last updated: 16 December 2022

• About this guidance
• What is an interim order?
• What is a final order?
• What is an early review?
• Routes to early review
• What is new evidence?
• Who decides whether there should be an early review?
• Factors considered for early review
• Warning orders
• Successful appeals against criminal conviction
• Who hears an early review?
• How to request an early review 

About this guidance

The Social Workers Regulations 2018 (as amended) (‘the regulations’) set out that interim orders and final orders can be reviewed early at Social Work England’s discretion. This can happen when new evidence relevant to the order (or the last review) has become available after the making of the order (or the last review).

This guidance is for (all of the following):

• social workers and their representatives
• Social Work England’s staff

It may also be useful for (any of the following):

• adjudicators and legal advisers
• the public

This guidance sets out (all of the following):

• the difference between interim orders and final orders
• who can request an early review
• what an early review is and when it might be appropriate
• who determines if an early review is necessary
• who hears an early review and what the outcomes could be

What is an interim order?

Interim orders are imposed when concerns about a social worker’s fitness to practise are so serious that public safety would be put at risk or there would be a risk to the social worker themselves if they were allowed to continue to practise unrestricted. The adjudicators that consider an interim order application or review are not making findings of fact. Instead, they are assessing potential risk based on the alleged concerns.

Interim orders can be imposed for up to 18 months [1] at a time and the types of interim order include (either of the following):

• conditions of practice order
• suspension order

Social Work England can apply to the High Court to extend interim orders beyond 18 months.

Interim conditions of practice order

A conditions of practice order restricts the way the social worker practises by (either of the following):

• placing requirements on the social worker to carry out certain activities
• restricting the social worker from carrying out certain activities

during the period of the order.

Interim suspension order

A suspension order will temporarily suspend a social worker’s registration. This will prevent them from practising as a social worker in England during this period. The social worker is also not allowed to refer to themselves using the title of social worker in England during this time.

When can an interim order be imposed?

Interim orders can be imposed at any time throughout the fitness to practise process including (any of the following):

• during an investigation [2]
• before the adjudicators have concluded a final hearing (for example, the hearing has adjourned part-heard) [3]
• at the end of a final hearing to cover the appeal period where a final order has been imposed [4]

Reviewing interim orders

Interim orders are required to be regularly reviewed when they are imposed during an investigation or before the adjudicators have concluded a final hearing [5]. They are not required to be reviewed when they are imposed to cover an appeal period.

Interim orders (if reviewable) will be reviewed every six months beginning on the date on which the order was made for the duration of the order. [6] We refer to these as mandatory reviews. Interim orders can also be reviewed ‘early’ meaning well ahead of the regular review. This can only happen when new evidence relevant to the order has become available after the making of the order or the last review. [7]

At each review, the adjudicators will decide whether the order remains necessary and if so, whether a different order is needed. The adjudicators can (do any of the following):

• revoke the order
• vary the terms of a conditions of practice order
• change an interim conditions of practice order to an interim suspension order
• change an interim suspension order to an interim conditions of practice order

We discuss the powers on review in further detail below.

[note 1]: Paragraph 8(5) of schedule 2 of the regulations

[note 2]: Paragraph 8(2) of schedule 2 of the regulations

[note 3]: Paragraph 11(1)(a) of schedule 2 of the regulations

[note 4]: Paragraph 11(1)(b) of schedule 2 of the regulations

[note 5]: Paragraph 14(1) of schedule 2 of the regulations 

[note 6]: Paragraph 14(1)(b) of schedule 2 of the regulations

[note 7]: Paragraph 14(1)(c) of schedule 2 of the regulations

What is a final order?

A final order can be imposed by either the case examiners (with the agreement of the social worker) [8] or by the adjudicators following a final fitness to practise hearing [9]. The case examiners may impose a final order if they think there is a realistic prospect that the adjudicators would find the social worker’s fitness to practise impaired but there is no public interest in the matter being heard at a hearing. The adjudicators may impose a final order where they have found the social worker’s fitness to practise is impaired following a hearing.

The following final orders can be imposed (any of the following)[10]:

• warning order
• conditions of practice order
• suspension order
• removal order

Our impairment and sanctions guidance contains more information about (all of the following):

• in what circumstances it might be appropriate to impose each type of order
• how long each order can be imposed for
• how each type of final order operates and the effect it has on a social worker’s practice and registration

Reviewing final orders

Conditions of practice and suspension orders must be reviewed before they expire.[11] We refer to these as mandatory reviews. Further information about mandatory reviews is set out in the impairment and sanctions guidance.

All final orders can also be reviewed ‘early’ if new evidence relevant to the order has become available after the making of the order. A social worker can also request an early review as long as they submit new evidence relevant to the order that has become available after the making of the order. [12]

[note 8]: Paragraph 9(2)(c) of Schedule 2 of the regulations

[note 9]: Paragraph 12(3)(b) of Schedule 2 of the regulations

[note 10]: Paragraph 13(1) of Schedule 2 of the regulations

[note 11]: Paragraph 15(1) of Schedule 2 of the regulations

[note 12]: Paragraph 15(2) of Schedule 2 of the regulations

What is an early review?

An early review can take place where (either or both of the following apply):

• new evidence relevant to the order has become available after the making of an interim order or a final order
• where the social worker has requested a review

However, even if a social worker requests a review, that does not automatically mean a review will be scheduled. It is at Social Work England’s discretion to hold a review. When considering whether to hold an early review Social Work England will consider (all of the following):

• whether there is new evidence relevant to the order that has become available after the making of the order
• whether there is a realistic prospect of a different order being imposed
• whether it is in the public interest to conduct a review

Please see further details below about how Social Work England exercises this discretion.

We refer to these reviews as ‘early reviews’ because for orders where mandatory reviews are required [13], Social Work England will carry out the review earlier than planned.

For orders that do not have a mandatory review, a review may take place where there otherwise would not have been one. For instance, removal orders and warning orders do not have a mandatory review.

Early review is not an alternative option for appealing decisions [14]. The purpose of the review process is not to revisit or undermine the original decision made by the case examiners or adjudicators. Instead, a review looks at what has happened since the order was put in place and whether the order should (one of the following):

• remain in place
• be revoked
• be varied 

[note 13]: Interim orders under Paragraph 14(1) of Schedule 2 and conditions of practice and suspension orders under Paragraph 15(1) of Schedule 2 of the regulations

[note 14]: The social worker’s rights to appeal are set out in Paragraph 16 of Schedule 2 of the regulations

Routes to early review

On the social worker’s request

Interim order

Social workers can request that Social Work England exercise its discretion to consider an early review of an interim order at any point while the order is in place. The social worker will be required to provide any new evidence (see section ‘What is new evidence’?). Social Work England will then decide whether to hold an early review in response to their request and provide reasons for that decision.

Final order

Social workers have the right to request an early review if a final order has been imposed [15]. The social worker must make a request within 28 days of the day the final order takes effect but a request can be made as soon as the decision is made. [16]

When an order takes effect will depend on the type of order:

• final order imposed by the adjudicators at a final hearing will not take effect before the 28-day review period has expired
• final orders imposed by the case examiners (through accepted disposal) will take effect when the social worker is notified of the decision
• final orders imposed at a final order review will take effect at the expiry of the previous final order
• final order imposed at an early final order review will take effect on the day the review is completed

[note 15]: Paragraph 15(2) of Schedule 2 of the regulations

[note 16]: Paragraph 15(3) of Schedule 2 of the regulations sets out that a request must be made within a period set out by the regulator in the rules. Fitness to Practise Rules 2019 (as amended) - rule 16(aa) sets out that time period.

Considering the request

Social Work England must decide whether to exercise its discretion to hold an early review in response to a request and provide reasons.

The circumstances in which Social Work England will agree to holding a review of a final order within 28 days of the order taking effect are likely to be exceptional. This is because the order will have only recently been imposed and, in the case of a final order imposed at a final hearing, will not yet have taken effect.

Examples may include:

• a particular condition of practice is not workable for unforeseen reasons. For example, if the social worker is unable to find a medical professional who is willing to undertake medical supervision for them
• where the ground of impairment is English Language deficiency and in the days following the final fitness to practise hearing, the social worker passes a recognised English Language test to the standard required

Early review under this provision would not normally be agreed if the social worker did not engage with the case examiner process, final or review hearing, unless the social worker has evidence that they were prevented from engaging due to exceptional and unforeseen circumstances.

Even then, there must be a realistic prospect that an early review might result in a different order. For example, because the social worker can produce new evidence relevant to the order, such as evidence of insight or remediation where these were relevant factors leading to the type or length of the original order.

Even if the period for requesting an early review has expired, the social worker may nevertheless request that the regulator exercises its discretion to hold an early review. See further below.

On Social Work England’s discretion

Social Work England can decide to hold an early review at any time if there is new evidence available and that the evidence (meets all of the following criteria):

• wasn’t available at the time the order was made
• is relevant to the order
• could impact on the appropriateness of the current order

This evidence could come from (any of the following):

• employer
• complainant
• member of public
• other organisation
• social worker

Requesting review outside of 28-day period

There is no formal right for the social worker to request an early review of a final order after the 28-day period has expired. However, Social Work England will apply the same principles to the question of whether there should be an early review regardless of the timing or source of any new evidence in the case.

This means that the social worker may request an early review at any point the order is in place, but must provide new evidence relevant to an existing order (that wasn’t available at the time the order was made). Social Work England will then decide whether or not to exercise its discretion to hold an early review.

What is new evidence?

The new evidence needed for Social Work England to consider exercising its discretion to hold an early review must be relevant to the concerns. It must raise a realistic prospect that the order originally imposed is no longer appropriate or proportionate to address those concerns. It must be genuinely new evidence, which was not and could not have been made available to the decision makers when they imposed the order.

An early review will not be held to consider evidence that the social worker failed to present to the case examiners or adjudicators.

This means that the new evidence almost certainly will be about events which have happened since the order was imposed.

The new evidence must be verifiable. In the case of final orders, submissions or arguments about the merits of the original decision are not evidence and so would not provide a basis for an early review.

As stated above, early review is not a route by which to reargue or appeal the decision that led to the imposition of the order in question. For example, the purpose of a review is not to challenge findings of fact made at a final fitness to practise hearing.

Who decides whether there should be an early review?

There is no entitlement to an early review. It is for Social Work England to decide whether to exercise its discretion and call an early review. Social Work England will usually be called on to exercise its discretion when a request is made by a social worker for an early review. However, Social Work England will also assess any new evidence received during the course of an order and consider whether the current order remains proportionate and/or sufficient to protect the public.

Social Work England will also consider the possibility that the level of restriction could be reduced or removed based on the new evidence. However, in the case of final orders where a social worker’s fitness to practise has been found to be impaired or the social worker has accepted their fitness to practise is impaired, the burden is on the social worker to satisfy the adjudicators that their fitness to practise is no longer impaired. There is therefore no obligation on Social Work England to actively seek evidence in support of the social worker.

In deciding whether to exercise its discretion, Social Work England will assess whether there is a realistic prospect that the adjudicators would determine whether (any of the following):

• in the case of a final order, that the social worker’s fitness to practise is no longer impaired
• in the case of an interim order, that the risk posed by the social worker has changed
• that the current interim or final order should be varied, revoked or replaced with a different order

Factors considered for early review

Social Work England may decide that an early review is required because of a change in circumstances that would suggest the original order is no longer proportionate, workable, or sufficient to protect the public. Public protection includes maintaining confidence in and promoting the professional standards of social workers.

The key principle to consider is that any order imposed on a social worker’s registration must be the minimum necessary at that time to protect the public. This minimum level may change in the light of further evidence about the social worker’s fitness to practise since the original order was imposed.

The order is now disproportionate

Any order imposed on a social worker’s registration by Social Work England must be the minimum necessary to protect the public, including the wider public interest. This is the position when an order is first made and it continues to apply throughout the life of the order. This means that if an order is no longer necessary to protect the public or can be varied or replaced with one that is less restrictive while still providing sufficient protection, then this can be pursued through early review.

Interim orders

With interim orders imposed during the course of an investigation, it may become apparent during the investigation that either the factual circumstances have changed or the circumstances surrounding the alleged concerns have changed. These changes might either increase or decrease the risk.

For example, a social worker that is awaiting a criminal trial could be informed that the case will no longer be prosecuted by the Crown Prosecution Service. This may reduce the public protection risk the social worker poses and indicate an early review of the interim order may be appropriate. Another example may be if the social worker was being investigated in relation to a criminal conviction was then charged with further criminal offences, this could increase the risk and necessitate an early review.

Final orders

Changing the final order at early review

Final orders of conditions of practice or suspension may be imposed for a relatively long period with the expectation that they can be reviewed early if circumstances change. This avoids the need for frequent reviews which may serve little or no purpose but may be stressful for participants, while still allowing for an early review to take place. For example, a longer period of conditions might be imposed to allow a social worker to recover from ill health but can be reviewed early on receipt of medical reports that the social worker is now fit to practise without restriction.

Similarly, a suspension order imposed for not having the necessary knowledge of English could be reviewed early if the social worker produces evidence of having passed a recognised English language examination to the required standard.

In suspension cases, circumstances may change such that conditions of practice may become a more suitable order. An example might be where a social worker has recovered sufficiently from a health condition to develop insight into how to manage their condition so that they are able to practise safely and effectively. The lack of insight may have required suspension but subsequently developing insight may mean conditions of practice is now a more proportionate order.

Change in circumstances doesn’t necessarily mean early review

Not every change in circumstances will necessarily mean we should hold an early review. For example, a suspension order might be imposed if the social worker failed to engage with the fitness to practise proceedings. If the social worker subsequently engages, it does not necessarily follow that an early review is warranted. Social workers have a professional duty to cooperate with inquiries into their fitness to practise [17]. It may therefore be contrary to the public interest for an early review to be granted solely because the social worker has engaged later in the process. It will be relevant to consider the reasons why the social worker did not engage previously and what evidence the social worker has of their commitment to engaging going forward and of remediating their fitness to practise.

Where the original final order was imposed to reflect the wider public interest aspect of public protection (namely maintaining confidence in the profession and upholding the professional standards), the threshold for early review may not be met even if the social worker has remediated. For example, a suspension final order imposed for a finding of dishonesty may be less likely to warrant early review, because the purpose of the order may include sending a signal to the public and the profession about the standards expected of social workers. The effect of this signal might be compromised if the order was reduced following early review.

Also, securing positive reports of safe practice or other forms of remediation of the original concern may not be sufficient to suggest the order should be immediately reduced or removed. It may be important for the social worker to demonstrate safe practice over an extended period of time to show there is no risk of repetition. This is particularly important where the original concern arose out of multiple incidents and/or where insight was an unresolved issue.

Early review in health cases

In health cases involving episodic health conditions or addictive behaviours, the health evidence might need to be explicit and indicate a low risk of relapse before an early review is appropriate.

The health condition may also need to be tested in the work environment. If the social worker has been too unwell to work on a conditions of practice order or been on a suspension order, they may need to be given more time to return to work to ensure that employment does not trigger a relapse of any condition or addiction before an order is revoked altogether. If the social worker is on a conditions of practice order, recovery in itself does not mean an early review is needed straight away.

Conversely, a suspended social worker who feels they have recovered their health may need an early review to consider if the suspension order should be replaced with an order of conditions of practice to enable the social worker test that recovery in the work place.

Taking into account all relevant reasons why the order was originally imposed

While personal remediation and conduct since the order was imposed may be relevant to the question of early review, the issue cannot be considered in isolation from the potential impact on the wider public interest if the order was to be varied, replaced or revoked. It is therefore very important that any decision about whether to direct an early review takes into account all the reasons why the order was originally imposed.

[note 17]: Professional Standard 6.7 ‘Cooperate with any investigations by my employer, Social Work England, or another agency, into my fitness to practise or the fitness to practise of others.’ 

The order is no longer workable

This factor is only relevant to conditions of practice orders.

An order may become unworkable for practical reasons. For example, the order might require direct supervision of the social worker which the social worker’s employer cannot support.

However, the fact an order is unworkable doesn’t necessarily mean it should be reviewed early. The overriding consideration remains the protection of the public. For example, the employer not being able to support supervision (or the required level of supervision) doesn’t mean that level of supervision isn’t required to protect the public. It may mean that the social worker has to seek alternative employment that can support the level of supervision required or not work in social work services until such time as that can be supported.

An early review might only be agreed to if it would be possible to vary the terms of the order to make it workable for the social worker’s circumstances while still providing full public protection. If varying the terms of the order is not appropriate, and there has been no increase to the risk posed, an early review may not be needed.

The order is no longer sufficient to protect the public

If we receive evidence of new concerns, we may need to hold an early review for the adjudicators to consider whether to increase the level of restriction to ensure public protection.

The nature of the new concerns will be relevant in considering whether an early review will be held.

Evidence of new concerns not related to the existing order

Evidence of new concerns (which are not relevant to the fitness to practise concerns that generated the existing order) should ordinarily be pursued as a fresh concern through the fitness to practise process rather than via an early review. For example, the existing order relates to social worker practice concerns but new concerns arise about the social worker’s health. Information about the existing order can be considered as ‘previous history’ when determining impairment or risk in the new case.

Evidence of further similar concerns

However, evidence of further similar concerns since the order was imposed may suggest an early review is required. These further concerns may have been revealed through monitoring compliance with the order. For example:

• supervisor’s reports that show there are further similar concerns with the social worker’s work
• evidence that the social worker is failing to engage with the retraining and remediation required by the order such as (but not limited to any of the following):
  • continually being late to provide information prescribed by a conditions of practice order (without reasonable explanation)
  • doing what is required by the deadline but the quality of that remediation being insufficient

The key principle remains that an early review is only required where the current order is no longer sufficient to protect the public.

When an early review may not be required

An early review may not be required if (for example) a social worker initially has difficulties addressing the issues that led to the order being imposed but the public remain protected by the order.

Another example might be continuing underperformance. This does not necessarily suggest a change is required to the existing order provided the practice arrangements in place make sure the public is protected from any adverse consequences of the social worker’s actions while undertaking remediation. This protection might be provided by supervision, meaning the social worker’s decisions and proposed actions are checked before being implemented.

Similarly, in health cases, a social worker may suffer relapses of ill health, but this would only suggest a change is required to the order if the arrangements in place were no longer sufficient to protect the public. For example, because the social worker stopped engaging with their recommended treatment programme.

Alleged breaches of orders

If the social worker is alleged to have breached an order, we will make further enquiries as to the alleged breach and the circumstances of the breach.

Depending on the nature of the breach it may be (either of the following):

• referred as a new regulatory concern on grounds of misconduct
• trigger an early review

How a breach is dealt with depends on (all of the following):

• the circumstances of the breach
• the options available to the adjudicators
• what approach is the best means by which Social Work England can achieve public protection

Alleged breaches of suspension order

If a social worker has allegedly breached an interim suspension order by working whilst suspended (for example), this is likely to be referred as a new regulatory concern rather than dealt with under early review because (both of the following):

• adjudicators reviewing the interim order are not able to take any more measures to protect the public at that stage of the investigation
• intentionally breaching an interim suspension order is a serious regulatory concern that is likely to warrant an investigation and separate regulatory action

However, if the same circumstances arose for a social worker that was suspended on a final order, the alleged breach might be better dealt with via an early review as the adjudicators may be able to remove the social worker at that review and therefore achieve the most effective means of public protection.

Alleged breaches of conditions of practice order

If a social worker allegedly breaches a conditions of practice order, then we will consider (both of the following):

• the nature and severity of the breach
• the proximity to the next review

A minor breach may not be sufficient to require an early review whereas significant or repeated breaches of the order are likely to require early intervention to protect the public, particularly if the next mandatory review is some time away. If there have been a repeated and/or wilful breach of a conditions of practice order, it may necessitate a new referral if it is sufficiently serious. For example, if the alleged breach (did any of the following):

• put service users at serious risk
• caused actual harm
• seriously damaged public confidence in social work

Breaches in health cases

In health cases, an alleged breach of an order (for example, a failure to follow the guidance of a treating doctor) may be as a result of deterioration in the health condition. An early review may be appropriate to consider increasing the level of restriction rather than raising a new referral. Health related breaches should not usually be seen as a new referral if ill health explains the alleged breach.

If new referral made about an alleged breach

If a new referral is made because of the alleged breach and the new concern(s) are subsequently referred to the adjudicators for a final hearing, the original order should also be referred at the same time for early review. This is because if there was a finding that a breach amounted to impaired fitness to practise, that would mean the original order was also no longer sufficient to protect the public.

Warning orders

Warnings are imposed for periods of 1, 3 or 5 years and can be imposed by case examiners or adjudicators. These orders are not subject to mandatory review but can be reviewed under the ‘early’ review provisions.

Social Work England will again have discretion as to whether an early review should be held for a warning order. The purpose of a warning order is primarily to warn the social worker that a repetition of the fitness to practise concern may lead to a more serious sanction. The length of the order will usually reflect the view of the decision makers about the period over which the social worker needs to practise safely so as to show there is a low risk of repetition.

When we might not hold an early review for a warning

If the social worker is seeking an early review on the basis of new evidence that suggests they are now practising safely and not repeating the conduct that led to the concerns, this is unlikely to justify agreeing to hold an early review as this new evidence is unlikely to justify shortening or revoking the order.

Early reviews cannot go behind the original decision to impose the order. If an order was imposed for public interest reasons, to maintain confidence in and the professional standards of social workers, it is likely to be inappropriate to reduce the length of the order on early review. This is because to do so might conflict with those public interest reasons for imposing the order. In any event, a warning order cannot be reduced to less than 1 year beginning on the date when the order was made.

When we might hold an early review for a warning

However, an early review may be agreed to be held if there is evidence which confirms the social worker has reduced the risk of repetition. For example, successful completion of relevant educational or professional qualifications, or achievements at work resulting in formal recognition such as promotion or awards.

An early review of a warning order will almost inevitably be needed where there is new evidence of further episodes of similar concerns since the warning order was imposed. This may lead to an early review of the warning to replace the warning order with a more restrictive sanction. 

Successful appeals against criminal conviction

If a final order has been imposed because of a criminal conviction and the social worker subsequently appeals against that conviction and the decision is quashed, then an early review should be held to consider revoking the order.
However, social workers should note that early reviews cannot quash previous findings by Social Work England’s decision makers, so these would remain part of the social worker’s fitness to practise history albeit with a written decision that would explain what happened.

Who hears an early review?

Interim orders

Interim orders are imposed and reviewed by the adjudicators. An early review can be carried out either as a meeting or a hearing.

Hearing

If the social worker states that they wish to attend, the early review will be held as a hearing. The social worker will be able to attend and be represented, as will Social Work England. The adjudicators will hear evidence and submissions relevant to the order and will decide if an order is still necessary. There is further guidance below if the social worker wishes to have witnesses attend and/or rely on new information or evidence at the hearing.

Interim order hearings are heard in private, so members of the public are not permitted to attend. [18]

Meeting

The early review may be conducted as a meeting if the social worker does not wish to attend. If the early review proceeds as a meeting, then the adjudicators will consider the review by undertaking a review of the documents in private without the attendance of either party (the social worker or Social Work England). However, both parties can make written submissions and supply written evidence for the adjudicators to consider.

Powers on early review

The adjudicators will consider if an order is still necessary and will decide if the current order remains sufficient to protect the public.

On review, the adjudicators can choose to (do any of the following)[19]:

• revoke an order
• revoke or vary any condition imposed by the order
• confirm the order
• replace an interim conditions of practice order to one of interim suspension or vice versa

After review has concluded

A written decision will be produced following the hearing and shared with (all of the following):

• the social worker
• the person who raised the concern (if relevant)
• an employer of the social worker (if relevant)
• any other regulatory body with whom the social worker is registered (if relevant)

However, the decision will not be published on our website.

Any action taken on review by adjudicators will take immediate effect as at the date the review is completed regardless of any appeal against that decision [20]. This means that the social worker’s public extract of the register will be updated immediately after the hearing to reflect the current order (if required).

[note 18]: Rule 38(1)(a) of the Fitness to Practise Rules 2019 (as amended)

[note 19]: Paragraph 14(5) of Schedule 2 of the regulations

[note 20]: Paragraph 14(8) of schedule 2 of the regulations

Final orders

Final orders can be imposed by either the case examiners or the adjudicators and will be reviewed by adjudicators. An early review can be carried out as either a meeting or a hearing.

Hearing

If the social worker states they wish to attend, the early review will be held as a hearing. The social worker will be able to attend and be represented, as will Social Work England. The adjudicators will hear evidence and submissions relevant to the order. There is further guidance below if the social worker wishes to have witnesses attend a hearing and/or rely on new information or evidence at the hearing.

Hearings are usually held in public unless a decision is made to hear all or part of the hearing in private [21]. This may be if it is considered appropriate because (any of the following apply):

• the proceedings are considering the physical or mental health of the social worker
• of the vulnerability, interests or welfare of any participant in the proceedings
• the public interest including the effective pursuit of the regulator’s over-arching objective

Meeting

The early review may be conducted as a meeting if the social worker does not wish to attend. If the early review proceeds as a meeting, then the adjudicators will consider the review by undertaking a review of the documents, without the attendance of either party (the social worker or Social Work England). However, both parties can make written submissions and supply written evidence for the adjudicators to consider.

Powers on early review

The adjudicators will decide if the order in place should continue to operate in the same way or if there is new evidence relevant to the order that suggests the order should be changed. They will consider whether the social worker’s fitness to practise remains impaired and whether the current order remains necessary and appropriate to protect the public and/or uphold the public interest.

On review, the adjudicators may choose to (do any of the following):

• confirm the order
• extend, or further extend the period for which the order has effect, provided that the extended period does not exceed
  • in the case of a suspension or conditions of practice order, three years
  • in the case of a warning order, five years
• reduce the period for which the order has effect, but in the case of a warning order not so that it has effect for less than one year beginning on the date when the order was made
• substitute any order which the adjudicators or case examiners could have made on the date on which they made the order
• revoke the order, and in the case of a suspension order may make the revocation subject to the social worker satisfying such requirements as to additional education and training and experience as apply to them
• revoke or vary any condition imposed by the order

A removal order may not be imposed in cases of (any of the following):

• lack of competence or capability
• adverse physical or mental health
• not having the necessary knowledge of English

unless the social worker’s registration has been subject to a final order of suspension or conditions of practice (or a combination of either order) for a period of at least two years continuously. [22]

After review has concluded

The decision on review will take immediate effect as at the date the review is completed regardless of any appeal against that decision. [23] The social worker’s public extract of the register will be updated after the decision has been made to reflect the current order (if required).

The adjudicators will produce a public written decision that will be published on our website. This decision will also be shared with (all of the following):

• the social worker
• the person who raised the concern (if relevant)
• an employer of the social worker (if relevant)
• any other regulatory body with whom the social worker is registered (if relevant)

If there were any matters considered in private at a hearing, these will not be recorded in the public version of the decision. A private version of the written decision will also be produced and provided to the social worker. The private version of the decision will not be published.

[note 21]: Rule 38(a)(ii) and (b) – Fitness to Practise Rules 2019 (as amended)

[note 22]: Paragraph 13(2)(b) and (c) of schedule 2 of the regulations

[note 23]: Paragraph 15(2A) of schedule 2 of the regulations

Witnesses at an early review hearing

If either party wishes to have people attend the early review hearing and give evidence in support of their position, they must inform the hearings team at [email protected] as soon as possible. This is because Social Work England’s hearings team will need to plan for those witnesses to attend. Importantly, both parties should provide signed statements or testimonials from those people in advance so that they can consider what those witnesses intend to say.

Providing statements or testimonials in advance of the hearing not only makes sure that the hearing runs as effectively as possible, it can also often be in the best interests of the social worker. This is because it provides Social Work England with an opportunity to consider what impact the statement or testimonial might have on the submissions that are to be made at the review. The information contained within the statement or testimonial may impact what order, if any, Social Work England may propose is necessary to protect the public.

New information or evidence

If either party wishes to rely on documentary evidence, this too should be provided as early as possible to the other party so they can take that information into consideration. Information provided by the social worker may change Social Work England’s position on what order or action is necessary and it may change what we say at the hearing. If the early review if going to be considered at a meeting, early consideration of that documentary evidence could affect what written submissions Social Work England provide for that meeting.

How to request an early review

If, having read this guidance, a social worker feels there are grounds for an early review, they should contact their case review officer either directly on the email address provided or via email to [email protected]. A member of the team will respond within 5 working days outlining next steps.