Fitness to practise publications policy

Last updated: 16 December 2022

• About this policy
• Terminology
• Public and private hearings
• Meetings before the adjudicators
• Case examiners
• Fitness to practise allegations
• Final hearings before adjudicators
• Period for which specific outcomes are published
• Final order reviews
• Rule 12G – reviews of case examiner decisions
• Interim orders
• Restoration
• Registration appeals
• Voluntary removal
• Social worker appeals
• Professional Standards Authority (PSA) appeals
• Press releases
• Internet search engines
• Transcripts of proceedings
• Freedom of information requests
• Appendix 1: Publications easy-read guide 

About this policy

This policy is for (all of the following):

• social workers and their representatives
• applicants applying to restore to the register following a removal order
• applicants applying to restore to the register following voluntary removal during fitness to practise proceedings
• appellants appealing a registration decision
• adjudicators
• legal advisers

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

• Social Work England employees
• members of the public

It sets out (all of the following):

• what fitness to practise, restoration and registration appeal information we publish
• for how long that information will be published
• where that information will be published
• other helpful information about our processes

Terminology

In this policy, we will use the following language to mean:

• Sanction/order: any outcome after a finding of impairment that is imposed by the case examiners or the adjudicators. These are recorded in the social worker’s public extract of the register.
• Outcome: The overall finding of any case examiner or adjudicator decision (whether or not a sanction/order is imposed). This is recorded on the Social Work England website under our hearing and decision listing pages (referred to throughout as ‘listing pages’). Examples of outcomes include ‘Conditions of Practice Order for 18 months’ or ‘no impairment – no further action’.
• Listings pages: This is reference to the pages on the Social Work England website that contain the dates and brief details of any upcoming:
  • fitness to practise allegations (unless these are private) relating to final fitness to practise hearings and restorations
  • outcomes at the case examiner stage
  • registration appeal meetings and hearings
  • restoration meetings and hearings
  • meetings and hearings of fitness to practise cases
• There are different listing pages depending on the type of proceedings being determined:
  • Fitness to practise hearings or meeting outcomes
  • Registration appeal or restoration outcomes
  • Case examiner outcomes
    
    
• Decision: This is the written decision document that the case examiners or the adjudicators have produced that contains their detailed reasoning as to how they reached a particular outcome. Not every decision document is published or published in full. When they are published, they will not contain information relating to the individual’s health, private or family life or any aspect of the hearing which the adjudicators have determined should take place in private. Published decisions will be uploaded to the listing pages as a PDF document. These decisions will then also be linked to the social worker’s public extract of the register (where they are on the register) for the length of the sanction or longer, depending on the specific requirements of The Social Workers Regulations 2018 (as amended) (‘the regulations’ or relevant rules.
• Allegations: This refers to any formal allegations Social Work England put forward to be considered at a fitness to practise hearing. Allegations will be published 14 calendar days before a final fitness to practise case has been listed for a hearing. The allegations are usually published and searchable on the listing pages by clicking on the individual’s name. Where the allegations relate to a health concern, the allegation will only state “By reason of your health, your fitness to practise as a social worker is impaired.” No further information about the social worker’s health will be published. Further information about the publication of allegations is provided in the section below on fitness to practise allegations.

Publishing information

Social Work England aims to operate its fitness to practise and registration procedures in a fair, transparent and proportionate manner.

The Social Workers Regulations 2018 (as amended) (‘the regulations’) require Social Work England to record certain sanctions and publish certain outcomes on the public extract of the register for specific periods of time. [1] This makes sure that when members of the public (including employers) access a social worker’s public extract of the register they have the relevant information about (any of the following):

• what restrictions (if any) are in place against that social worker’s registration
• fitness to practise or registration appeal outcomes made in relation to the social worker

The regulations also require Social Work England to publish some written decisions [2]. The publication of fitness to practise and some registration decisions makes sure valuable information about the standards expected within the social work profession is in the public domain.

There is a genuine public interest in sharing this information because it (does all of the following):

• promotes understanding and good practice within the sector
• maintains confidence in the social work profession
• assists members of the public (including employers) to make informed choices

As such, publication of these decisions forms an important part of how we meet our overarching objective to protect the public.

However, when considering publication, we must also respect the rights of all the parties [3] involved in fitness to practise and registration adjudication, including (all of the following):

• relevant data protection rights
• the right to private and family life, home and correspondence

In some circumstances, when publishing we may also anonymise the identity of other individuals to maintain privacy.

For these reasons, decisions should always (all of the following):

• be accurate
• be proportionate
• contain appropriate content
• be published for an appropriate amount of time

The amount of information published and the duration of time that it remains in publication will aim to strike a balance between public interest objectives and fairness to the participants involved. Other than the identity of the social worker, applicant or appellant involved, we will not generally identify witnesses or complainants by name unless they are acting in a professional capacity.

Further details about our approach to publication in each type of case are set out below.

[note 1]: Regulation 25(1)(b) of the regulations requires the regulator to ensure that any outcome of the fitness to practise proceedings which is mentioned in regulation 9(2) is recorded in the register in accordance with that regulation. Regulation 9(2) sets out the requirements to record details of interim orders, accepted disposal outcomes made by case examiners, advice and final orders made by the adjudicators at a final hearing or on review 

[note 2]: Regulation 25(1)(c) of the regulations requires the regulator to ensure that the particulars of any orders and decisions made in fitness to practise proceedings, together with the reasons for them, and the particulars of any order made on review or appeal, are published as soon as reasonably practicable

[note 3]: This includes social workers, applicants in the case of restoration, appellants in the case of registration appeals

Public and private hearings

In the interests of open justice and to maintain public confidence in our decision making processes, our standard position is that hearings are held in public. The following hearings will be heard in private (all of the following):

• interim order applications
• interim order reviews
• if the hearing is being held solely to consider the physical or mental health of a social worker

To make sure that all other hearings are conducted in public, relevant details about the event are published on the listing pages in advance and members of the public (including members of the media) will be allowed to attend the event. The decision and outcome of the adjudicators will be published immediately after the event.

In some circumstances, an otherwise public hearing may move into private session for a period of time. For example, a social worker may wish to provide evidence about their health. An application can be made to the adjudicators prior to or during the hearing for the public hearing to go into private session.

If the adjudicators deem it appropriate to hear evidence in private, they will consider how much of the evidence heard and which of the supporting reasons can be made public. The adjudicators will make appropriate arrangements to make sure that evidence is only given in private where necessary. They will ensure privacy in these circumstances by requiring members of the public to leave the hearing for certain parts and arranging for suitable redactions or anonymisation to be made to the public version of the decision. The adjudicators will produce a public decision and a private decision. Only the public decision will be published. For example, the decision may refer to the fact that a social worker has a health condition that impairs their fitness to practise. The public decision however will not specify what the health condition is or how it specifically impacts their ability to practise.

Meetings before the adjudicators

The Fitness to Practise Rules 2019 (as amended), Registrations Rules 2019 (as amended) and the Removal from the Register and Registration Appeals rules 2019 (as amended) allow the adjudicators or Social Work England to conduct certain types of decision making by way of a meeting (rather than a hearing), if the social worker and the adjudicators or regulator agree to this.

The types of decision making that can be conducted by way of a meeting are (all of the following):

• interim order applications
• interim order reviews
• final order reviews
• registration appeals
• restoration applications

For each of these types of proceedings, social workers, applicants or appellants will be asked to indicate if they want their decision made at a hearing or a meeting.

Meetings are held in private. This means that social workers, representatives and witnesses are not able to attend the meeting and members of the public are not able to observe. The listing page will be updated to reflect that a decision was made at a meeting after the event. This is because we often don’t have much advance notice of whether it will be a hearing or a meeting.

The adjudicators make decisions at meetings based on available documentary evidence. The adjudicators will meet via video-conference to discuss the evidence and make their decision.

While meetings are not conducted in public, the decisions made will still be published in accordance with the scheme set out at Appendix 1. The adjudicators will redact information from their decision where it relates to health, family or private life matters. 

Case examiners

Before a decision is made

Case examiners will consider cases in private based on the documentary evidence gathered during an investigation and any response from the social worker. The social worker and the complainant will be informed when a case is to be referred to the case examiners, but there is no public listing on our listing pages before a decision is made.

After a decision is made

Referral to a hearing

Where the case examiners decide that there is a realistic prospect that a social worker’s fitness to practise may be found impaired, they can refer a case to a final hearing before the adjudicators. [4] If the case examiners refer the case to the adjudicators, no information in relation to the decision will be published. However, the fitness to practise allegations will be published at least 14 calendar days before the final hearing (see section ’fitness to practise allegations’).

Accepted disposal decision

If the social worker accepts a proposed outcome without a hearing (accepted disposal) [5], the case examiner’s decision and the outcome will be published on our listing pages and the outcome will be recorded on the social worker’s public extract of the register entry for the periods set out below in this guidance. The listing page will be accessible via the social worker’s public extract of the register.

If the case examiners have decided that information within the decision should not be published, this will be redacted. This may include information relating to (any of the following):

• the social worker’s health
• the social worker’s private or family life
• allegations which case examiners did not determine had a realistic prospect of a finding of impaired fitness to practise

No realistic prospect of a finding of impaired fitness to practise

Where the case examiners decide that there is no realistic prospect of the social worker’s fitness to practise being found impaired, the outcome (including advice or warning) and the decision will not be published. In these circumstances, only Social Work England, the social worker and the complainant (if applicable), will be informed of the outcome and provided with a copy of the decision.

The case examiners may redact certain information from the decision before this is shared with the complainant. This may include information relating to (any of the following):

• social worker’s health
• social worker’s private life
• information that the complainant may not otherwise have been aware of (such as employer disciplinary proceedings)

[note 4]: Paragraph 7(2) of Schedule 2 of the regulations

[note 5]: Paragraph 9(3) of Schedule 2 of the regulations:

Fitness to practise allegations

Before a hearing

Final hearing

Before a final fitness to practise hearing, Social Work England will disclose a statement of case to the social worker. This will include the allegations and the evidence which Social Work England will rely on at a final hearing. The statement of case is not published.

In most cases, allegations (as set out in the statement of case) will be published on our listing pages 14 calendar days before the public hearing as we consider this to be in the public interest (as there will be a public hearing) [6]. Details of the hearing will also be published on the listing page including (all of the following):

• date
• location of the hearing

Some hearings are heard in private. There is more information about this above.

Allegations may be subject to amendments after being published. Any amendments at this stage would require approval by the adjudicators, either at a case management meeting or at the beginning of the scheduled final fitness to practise hearing. Allegations on the listing pages will not be amended until the changes are agreed by the adjudicators.

Discontinuance applications

If allegations are subject to a discontinuance in full application by Social Work England, the allegations will still be published on our listing pages like any other final fitness to practise hearing. They will, however, be clearly marked to refer to the fact that Social Work England intends to make an application to discontinue the case. We consider publication of the allegations to be in the public interest as it is only an application at this stage and no decision has yet been made by the adjudicators to discontinue the allegations. If the adjudicators do decide to discontinue the case, the decision will be made at a public hearing.

If only some of the allegations are subject to discontinuance application (i.e. discontinuance in part), this application will be considered at a case management meeting. The case management meeting would usually be heard with sufficient time to allow the final allegations to be published 14 calendar days before the final fitness to practise hearing. If the case management meeting is close to the start of the final fitness to practise hearing, the allegations may be published less than 14 calendar days before the start of the final fitness to practise hearing. This is because the discontinuance in part application needs to have been decided before the allegations are published as it could change the allegations.

When will allegations (or part of allegations) not be published?

The following details will not be published when they are contained within an allegation (either of the following):

• details about the social worker’s health
• ‘spent’ criminal convictions [7]

In these circumstances, allegations will be redacted or not published at all.

Allegations may also refer to information that inadvertently may identify service users, colleagues or family members. Any references to service users and family members will be anonymised within the allegations. Colleagues or other professionals involved in a case will usually be referred to by their initials. We are aware that people who are familiar with the social worker and the matter in question may still be able to identify service users and family members based on their own knowledge or from information published by third parties, such as articles in the press. We are not able to remove all information about the relevant participants in the allegations as this would undermine public protection. This is because members of the public may not be able to understand the nature and seriousness of the fitness to practise allegations if this detail is excluded.

There may be other circumstances where we may decide that all or part of the allegations should not be published ahead of the hearing, for instance if there was evidence to suggest it would be seriously detrimental to the social worker’s health to publish the allegations ahead of the hearing. When considering whether to publish, we will always balance the interests of the relevant parties against that of our overarching objective of public protection. Further information about privacy at hearings is included above.

[note 6]: There is no legal requirement for us publish allegations ahead of a hearing, however the regulator has the discretion in line with Section 52(1) of the Children and Social Work Act 2017 which states that 'the regulator may publish or disclose information about any matter relating to its functions or give advice about any matter relating to its functions.’

[note 7]: Regulation 9(a) of the regulations sets out that the regulator is not required to publish information which is evidence of spent convictions. ‘Spent conviction’ means a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 c.53

Final hearings postponed or adjourned hearings

If a hearing is postponed by the adjudicators after the allegations are published on our listing pages, details of the delay will be added to the notes section of the public listing and the allegations will remain published for 7 calendar days. We consider this to be in the public interest because this allows members of the public to remain informed of the progress in a case after the listing has been published. The allegations will then be removed and republished 14 calendar days before the relisted hearing.

If a hearing is adjourned part way through the hearing (adjourned part-heard), details of the delay will be added to the notes section of the public listing and the allegations will remain published until the hearing is reconvened and concluded. We consider this to be in the public interest because this allows members of the public to remain informed of the progress in a case after the listing has been published.

Final hearings before adjudicators

Decisions made at final hearings will be published. The duration of publication will depend on the decision made (see below for more information). The published decision will be redacted of information including (all of the following):

• details in relation to the specifics about a social worker’s health condition
• any matters that were considered in private session during the hearing (see section ‘public and private hearings’)
• spent convictions

In these instances, there will be a private and public version of the decision and only the public version will be published.

In general, other information about individuals involved in the hearing will be anonymised in the published decision including the names of any (both of the following):

• service users
• non-professional witnesses

We consider this to be appropriate because service users and non-professional witnesses are often vulnerable.

Finding of impairment

If there has been a finding of impairment at the conclusion of a final hearing, the adjudicators’ outcome and decision will be published on both the listing page and be accessible via the social worker’s public extract of the register. If the adjudicators impose a sanction, the social worker’s public extract of the register will be updated to record the sanction. Further details about specific outcomes and the periods of publication are set out below.

No finding of impairment

If the adjudicators decide that an allegation is not well founded at any of the 3 decision making stages (facts, grounds or impairment), the outcome and decision will be published for 1 month after the conclusion of the hearing. We have no legal requirement [8] to publish this decision, however we consider it important to publish [9] in this instance. This is because these matters were considered at a public hearing and therefore, we believe there is a public interest in publishing the outcome of the hearing. However, in recognition of the nature of the decision, the decision is only published for 1 month.

Any existing interim orders (and the associated interim order listing) will be removed in these circumstances.

[note 8]: Regulation 25(1)(c) of the regulations only requires Social Work England to ensure that the particulars of any orders and decisions made in fitness to practise proceedings, together with the reasons for them and the particulars of any order made on review or appeal, are published as soon as reasonably practicable 

[note 9]: We have a general discretion under Section 52(1) of the Children and Social Work Act 2017 to publish or disclose information about any matter relating to our functions or give advice about any matter relating to our functions

Period for which specific outcomes are published [10]

Finding of impairment – no further action

If the case examiners or adjudicators make a finding of impairment but decide to take no further action, the outcome and the decision will be accessible via the social worker’s public extract of the register for 1 year from the date the decision was made.[11] We consider it in the public interest to do so given the finding of impairment.

If the case examiners make a decision where there are findings of no impairment alongside findings of impairment, we will generally redact the information in relation to the findings of no impairment before publication unless the social worker requests that we publish the full decision.

Finding of impairment – advice or warning

If the case examiners or adjudicators give advice or a warning to a social worker after a finding of impairment has been made, they will also specify a period of time for which the advice or warning must remain on the social worker’s public extract of the register. This will be either one, three or five years. The advice or warning will be recorded on the social worker’s public extract of the register [12] (once it has taken effect[13]) for the specified period. The outcome and the decision will be published when the decision is made [14] for the same amount of time that the advice or warning are in effect as we consider this to be in the public interest. The decision will provide the circumstances that resulted in the advice or warning as well as the full wording of that advice or warning.

The sanction, outcome and decision will be removed at the end of the specified time period.

Conditions of practice or suspension order imposed

If the case examiners or adjudicators impose conditions of practice or a suspension order, this will be recorded on the social worker’s public extract of the register as a sanction once it has taken effect and will remain for the period it is in place.[15] The decision will be published on our listing page after the decision is made and will be accessible via the social worker’s public extract of the register for the period the order is in place. [16] We publish the decision for this period as we consider this in the public interest. The decision will provide the circumstances which resulted in the order and the full wording of the conditions of practice (if relevant).

After the order expires, the sanction and decision will be removed but there will remain a record of the outcome on the social worker’s public extract of the register for a further five years. [17] When the additional five-year period has elapsed, the outcome will be removed.

Orders imposed on grounds of adverse physical or mental health

If the order was imposed on grounds of health, this further period of recording won’t apply (see section below ‘final orders imposed where finding of adverse physical or mental health’).

Removal order imposed

If the case examiners or adjudicators impose a removal order, the social worker’s public extract of the register will be updated [18] once the removal order takes effect. The update will state ‘no longer registered - removed’.

The social worker’s removal from the register will remain on the public extract of the register indefinitely [19]. The removal order decision will be published on the listing page after the decision is made [20] and will remain published and accessible via the public extract of the social worker’s register for 5 years from the date of the removal order took effect. We consider publication of the decision for 5 years to be in the public interest because of the nature of the order.

Final order imposed where there is a finding of adverse physical or mental health

If a conditions of practice or suspension order [21] has been made in relation to a finding of adverse physical or mental health only, we will remove all of the following information about the order on expiry of the order: [22]

• information about the order from the social worker’s public extract of the register
• the decision

As removal orders technically do not expire, information about a removal order made in relation to a finding of adverse physical or mental health will remain recorded on the social worker’s public extract of the register indefinitely, but the decision will only be published for a period of 5 years. The decision will however be redacted of information that could disclose the specifics of the social worker’s health condition.

What happens if a social worker is restored to the register after a removal order is set in more detail below.

An easy-read schedule for the publication of each type of outcome is included at Appendix 1.

[note 10]: This includes case examiner and adjudicator outcomes

[note 11]: Rule 49(c) of the Fitness to Practise Rules 2019 (as amended) requires information about this decision to be recorded on the register for 1 year from the date of the finding of impairment

[note 12]: Regulation 9(5)(b) of the regulations, rule 48 of the Fitness to Practise Rules 2019 (as amended) and rule 7 of the Registration Rules 2019 (as amended)

[note 13]: Regulation 9(4) - Final orders imposed by the case examiners will take effect once the social worker has been notified of the outcome. Final orders imposed by adjudicators at a final hearing will take effect at the conclusion of the appeal period or after an appeal has been withdrawn or otherwise disposed of 

[note 14]: In relation to advice, we do not consider there is a legal requirement for us to publish the decision as advice doesn’t not fall within regulation 25(1)(c). In relation to warnings, there is a legal requirement to publish the decision, as soon as reasonably practicable, as it does fall within regulation 25(1)(c). However, there is no duration prescribed by the regulations. As such the question of publication of advice and the duration of publication of advice and warnings is a policy decision

[note 15]: Regulation 9(2)(d) of the regulations requires Social Work England to record any final order made on the register and regulation 9(5)(a) requires the recording of conditions of practice and suspension orders to remain on register for duration of order, or for longer as set out in the rules

[note 16]: Regulation 25(1)(c) of the regulations requires us to publish the decision but does not set a duration. The duration of publication is a policy decision

[note 17]: Combined effect of regulation 9(5)(a) of the regulations and rule 49 of Fitness to Practise Rules 2019 (as amended) confirm information about the order should remain recorded on the register for 5 years from the point at which the conditions or suspension end

[note 18]: Regulation 9(2)(d) and regulation 14(8) of the regulations requires the regulator to publish a list of all entries removed from the register and rule 10(2) of the Registration Rules 2019 (as amended) requires Social Work England to record a removal 

[note 19]: This is in line with regulation 14(8) of the regulations

[note 20]: Regulation 25(1)(c) of the regulations requires publication of the decision but does not specify the duration of publication. The duration of publication is a policy decision

[note 21]: Rule 50 of the Fitness to Practise Rules 2019 (as amended) states that where a final order has been made in relation to a finding of adverse physical or mental health, the regulator must remove the information about the order from the register when the order ceases to be in force. While rule 50 of the Fitness to Practise Rules 2019 (as amended) references all final orders we have not included a warning order as this does not have extended requirement for publication as set out in rule 49

[note 22]: Rule 50 of the Fitness to Practise Rules 2019 (as amended)

Final order reviews

If the case examiners or adjudicators impose conditions of practice or a suspension order, that order must be reviewed before it expires. [23] We refer to these as mandatory reviews. Reviews of final orders may also take place at an earlier date in some circumstances at our discretion. [24] We refer to these as early reviews.

At review hearings the adjudicators may [25] (do any of the following):

• extend or further extend the existing order
• replace the order with any order that was available to the original decision makers
• vary the terms of the order
• revoke the order
• allow the order to expire (only relevant to mandatory reviews)
• reduce the order (only on early review)

In some circumstances, the adjudicators may also replace an existing order with a removal order. [26]

Information published before a review

Details of the review will be published on our listing page 7 calendar days before the review takes place to give the public notice that proceedings will be taking place. The listing page will include (all of the following):

• how the review will take place (hearing or meeting)
• date and location (if relevant)

[note 23]: Paragraph 15(1) of Schedule 2 of the regulations

[note 24]: Paragraph 15(2) of Schedule 2 of the regulations

[note 25]: Paragraph 15(1) of Schedule 2 of the regulations set out the powers when there is a mandatory review. 

[note 26]: Paragraph 13 of Schedule 2 of the regulations sets out the circumstances for when a removal order can be imposed

Review hearing or meeting postponed or adjourned

If a hearing or meeting is postponed by the adjudicators after the hearing or meeting has been published on the listing page, details of the delay will be added to the notes section of the public listing and remain there for 7 calendar days. The listing page will then be removed. We consider this to be in the public interest because this allows members of the public to remain informed of the progress in a case after the listing has been published. The new listing will then be published 7 calendar days before the relisted hearing or meeting.

If a hearing is adjourned part way through the hearing (adjourned part-heard), details of the delay will be added to the notes section of the public listing. We consider this to be in the public interest because this allows members of the public to remain informed of the progress in a case after the listing has been published. The listing page will be updated again once the review hearing or meeting finally concludes.

Information published after review

New order (excluding removal) is imposed

If the adjudicators impose or replace the existing order with a new order at a review (excluding removal), the ‘sanction’ part on the social worker’s public extract of the register will be updated to reflect the new order, when the order takes effect [27]. The review decision will be published on the listing page, after the decision is made, for the duration of the new order in accordance with the scheme set out at Appendix 1. The listing page will also be linked to the social worker’s public extract of the register, which may also contain links from earlier decisions.

Order revoked or allowed to expire

The listing page including the decision will be accessible for 1 month from the point of revocation or expiry of the order [28] and will be linked to the social worker’s public extract of the register. [29] We consider it to be in public interest to publish the decision to make sure the public understand how and why the social worker is able to practise without restrictions.

The previous order will no longer be recorded in the ‘sanction’ section of the social worker’s public extract of the register, immediately in the case of a decision to revoke, or at the point of expiry of the order. However, the previous outcome may still be accessible for a period of time on the social worker’s public extract of the register (as set out above) but will be clearly recorded as a previous outcome rather than a current order. The revocation will remain published on the social worker’s public extract of the register for as long as the previous order remains accessible to ensure the public understand why the social worker is able to practise without restriction.

Removal order imposed

If the adjudicators impose a removal order at a review hearing, the decision will be published on the listing page for 5 years. [30] This will take place after the decision is made. The social worker’s public extract of the register will be updated once the order takes effect [31] to say ‘no longer registered - removed’. [32]While the social worker is no longer registered, their entry will remain on the searchable public extract of the register indefinitely. The link between the listing page and the social worker’s register entry will remain for the duration that the decision is published (i.e. 5 years). The previous decisions will remain in place and be removed at the point the publication periods expire as outlined above.

[note 27]: Paragraph 15(1A) of Schedule 2 of the regulations - a new order imposed at a mandatory review will take effect at the expiry of the previous order, notwithstanding any appeal against the decision. A new order imposed at an early review will takes effect from the date the review is completed, notwithstanding any appeal against that decision: paragraph 15(2A) of schedule 2 of the regulations

[note 28]: If information relating to previous orders remains in a period of further publication, whilst the decision will be removed after 1 month, the outcome will remain published on the social worker’s public extract of the register for as long as the further publication period

[note 29]: We do not have a legal requirement to publish the decision to revoke or allow to expire. As such the publication of this decision and the duration of publication is a policy decision

[note 30]: Regulation 25(1)(c) of the regulations requires publication of the decision but not the duration of publication. The duration of publication is a policy decision 

[note 31]: As set out in footnote 26, the date the removal order will take effect depends on whether it was undertaken as a mandatory or early review

[note 32]: Regulation 9(2)(d) and regulation 14(8) of the regulations require the regulator to publish a list of all entries removed from the register and rule 10(2) of the Registration Rules 2019 (as amended) requires Social Work England to record a removal

Rule 12G – reviews of case examiner decisions

What is a Rule 12G decision

We have the power to review some case examiner decisions at our discretion. We refer to this as a rule 12G decision. Further information about this power is set out in the guidance.

Rule 12G decision

We will not publish our internal rule 12G decision on (any of the following):

• whether there is a material flaw with the original case examiner decision
• new information that could change the outcome
• whether a fresh decision is required in the public interest, for the protection of the public or for the prevention of injustice

If a fresh case examiner decision is made

If the case is returned to the case examiners for a fresh decision on part or on all of the decision, we will follow the normal process as described in this guidance in regard to the circumstances in which we will publish the case examiners’ decision.

If the original case examiner decision has been published, this will be removed once a rule 12G final decision is made.

If a fresh decision is made to take no further action

We would not normally publish a decision if the case examiners decide to take no further action. If the case examiners have previously proposed an accepted disposal and, in making a fresh decision, they decide to take no further action, we would normally only remove the original decision and not publish the fresh decision.

In these circumstances, a social worker may make a request for the fresh decision to be published for a period of 3 months. This is because the social worker may want the fresh decision to be published so that the public can understand why the original decision is no longer published and in place.

Although this is not our normal process, if a social worker specifically asks for us to do so, we may consider publishing this decision. We may publish the decision if it would be fair and in the best interests of the social worker to do so.

Interim orders

Interim orders before a final hearing

An interim suspension or conditions of practice order may be imposed while fitness to practise investigations are ongoing. [33] The adjudicators may take this action when they consider an interim order (one of the following applies):

• is necessary for public protection
• is in the best interests of the social worker

At interim order hearings, evidence is presented and the adjudicators will conduct a risk-based assessment, but no findings of fact are made.

Interim order hearings are held in private. [34] Once imposed, interim orders are reviewed every 6 months. We refer to these as interim order review hearings or meetings. [35]

Before the application or review

In advance of an interim order application hearing or meeting, we will make an entry on the listing pages. This will note (both of the following):

• the date the interim order application is to be considered
• that consideration will take place at a ‘private hearing’ [36]

If an interim order is imposed

If an interim order is imposed, details of the interim order will be immediately recorded against the social worker’s public extract of the register. [37]This will include (both of the following):

• the type of order (suspension or conditions of practice order)
• the length of the order

The outcome will be added to the listing page, but the decision will not be published. As interim order hearings are held in private it is not appropriate to publish the adjudicators decision.
Reference to interim orders on the public extract of the register will be removed when (either of the following apply):

• the order is revoked
• the case that relates to the interim order is concluded without a finding of impairment [38]
• an accepted disposal decision is made by the case examiners [39]

If an interim order is not imposed

The outcome will not be published on the listing page and the listing page will be removed.

Interim order review outcomes

On review the adjudicators can (any of the following):

• revoke the interim order
• revoke or vary any condition imposed by the interim order
• confirm the order
• replace an interim condition of practice order with an interim suspension order for the same period, or vice versa [40]

If an interim order is revoked, the listing page will be removed and the interim order removed from the social worker’s public extract of the register.

If the interim order is replaced with another order or a condition varied, then the listing page outcome will be updated to reflect the new decision. The interim order details on the social worker’s public extract of the register will be updated (as required).

If the interim order is confirmed, then the listing page outcome will be updated to reflect the confirmation. The interim order details on the social worker’s public extract of the register will remain the same.

Interim order hearing or meeting postponed or adjourned

If an interim order hearing or meeting is postponed by the adjudicators after the hearing or meeting has been published on the listing pages, details of the delay will be added to the notes section of the public listing and remain there for 7 calendar days before being removed. We consider this to be in the public interest because this allows members of the public to remain informed of the progress in a case after the listing has been published. The new listing will then be published before the relisted hearing or meeting.

If a hearing is adjourned part way through the hearing (adjourned part-heard), details of the delay will be added to the notes section of the public listing. We consider this to be in the public interest because this allows members of the public to remain informed of the progress in a case after the listing has been published. The listing will remain published until the hearing concludes where it will be updated with the final outcome.

Interim orders imposed at a final hearing

Interim orders can also be imposed by adjudicators at a final hearing (either of the following):

• before the adjudicators have made a final decision (this will usually be when a case has been adjourned before the decision making has concluded)
• when making a final order (to cover the appeal period of the final order)

The interim order application is considered before the same adjudicators that are considering the final hearing. As the application will be considered during the final hearing there will be no separate listing on the listing pages of the interim order application in advance.

If interim order is imposed

If an interim order is imposed, details of the interim order will be immediately recorded against the social worker’s public extract of the register. [41] This will include (both of the following):

• the type of order (suspension or conditions of practice order)
• length of the order

The outcome will be added to the listing page.

If an interim order decision is made before the adjudicators make their final decision, the interim order decision will not be published.

If an interim order is made after a final order has been imposed, the reasoning for imposing the interim order will be contained within the final hearing decision. This final hearing decision will be published immediately after the hearing has concluded.

If an interim order is not imposed

The outcome will not be published on the listing page but information about the interim order consideration will be included in the final hearing decision. Whether the final hearing decision is published or not will depend on the outcome as outlined above.

[note 33]: Paragraph 8(2) of Schedule 2 of the regulations

[note 34]: Rule 38(a)(i) of the Fitness to Practise Rules 2019 (as amended) 

[note 35]: Paragraph 14(1) of Schedule 2 of the regulations

[note 36]: We refer to this as a ‘private hearing’ because the application is heard by way of hearing, that hearing will have to be heard in private. Meetings are by their nature private as well.

[note 37]: Regulation 9(2)(a) and regulation 9(5)(a) of the regulations

[note 38]: Paragraph 8(6)(a) and (b) of Schedule 2 of the regulations

[note 39]: Paragraph 8(6)(c) of Schedule 2 of the regulations confirms that case examiner decisions of advice and no further action will cause an interim order to cease. As case examiner final orders cannot be appealed, a final order imposed by the case examiners will also cause an interim order to cease

[note 40]: Paragraph 14(5) of Schedule 2 of the regulations

[note 41]: Regulation 9(2)(a) and regulation 9(5)(a) of the regulations 

Restoration

A person (former social worker) subject to a removal order may apply for restoration to the register from 5 years after the date the removal order took effect. [42] Restoration applications are considered by the adjudicators. The application can be heard at a hearing or at a meeting. [43]

Before a hearing or meeting

Details of restoration hearings or meetings are published 14 calendar days before the date on which the event is due to start to give the public notice that proceedings will be taking place. [44]

Public listings on the website will include the (all of the following):

• proven allegations which resulted in the removal order
• how the application will be considered (by hearing or meeting)
• date(s) and time of the hearing (if applicable)

After the hearing or meeting

Decisions made at restoration hearings or meetings may be published on the website.

If restoration granted

If restoration is granted but the applicant is not restored to the register (because they have not paid the restoration fee within the required timeframes), the decision will be published for 10 calendar days. [45] We consider it to be in the public interest for members of the public to understand the outcome of the public hearing. That said, we only publish this for 10 calendar days because to publish it for longer without the person being restored to the register may create confusion as to the registration status of the person. The applicant will not have their public extract of the register restored. This means they will not be recorded as a social worker on the register.

If the restoration fee is paid, the applicant will be restored to the register with the same registration information held previously. [46] If the restoration was granted with conditions, then the social worker will be listed as subject to conditions of practice on the social worker’s public extract of the register. The conditions of practice order will remain on the social worker’s public extract of the register for the duration of the order imposed and after expiry of the order for 5 years (if not related to health).

The public extract of the register will still record the previous removal order outcome for as long as the social worker remains registered. A restoration decision (without conditions) will then be published for 1 year from the date the fee is paid. A restoration decision (with conditions) will remain published for the duration of the conditions of practice order.

Publication of the decision is appropriate in these circumstances to demonstrate to the public the reasons why the adjudicators saw fit to restore someone to the register, who had previously been removed. This is in line with Social Work England’s overarching objective which includes maintaining confidence in the profession.

If restoration is not granted

The restoration outcome and decision not to grant restoration will be published for 1 year. Publication of the decision in this instance demonstrates to the public how Social Work England is complying with its overarching objective to protect the public.

Restoration hearing or meeting postponed or adjourned

If a hearing or meeting is postponed by the adjudicators after the hearing or meeting has been published on the listing page, details of the delay will be added to the notes section of the public listing. We consider this to be in the public interest because this allows members of the public to remain informed of the progress in a case after the listing has been published. The new listing will be published 14 calendar days before the relisted hearing.

If a hearing is adjourned part way through the hearing (adjourned part-heard), details of the delay will be added to the notes section of the public listing and the previous proven allegations will remain published until the hearing is reconvened and concluded. We consider this to be in the public interest because this allows members of the public to remain informed of the progress in a case after the listing has been published.

[note 42]: Regulation 15(4) of the regulations

[note 43]: Regulation 15(3) of the regulations

[note 44]: We are not legally required to publish the details of restoration hearings/meetings ahead of the event taking place. This is a policy decision.

[note 45]: There is no legal requirement to publish this decision. The publication and duration of publication are therefore policy decisions.

[note 46]: Regulation 15(6)(a) of the regulations

Registration appeals

Applicants and social workers are able to appeal a range of decisions taken by Social Work England such as to refuse entry to the register or remove registration. [47] Registration appeals are considered by adjudicators at either a hearing or meeting.

Before a registration appeal hearing or meeting

Registration appeals are usually held in public and will be listed on our website 14 calendar days in advance of the hearing to give the public notice that proceedings will be taking place.

The details recorded will include (both of the following):

• how the appeal will be considered (by hearing or meeting)
• date(s) and time of the hearing (if applicable)

Registration appeal hearing or meeting postponed or adjourned

If a hearing or meeting is postponed by the adjudicators after the hearing or meeting has been published on the listing page, details of the delay will be added to the notes section of the public listing. We consider this to be in the public interest because this allows members of the public to remain informed of the progress in a case after the listing has been published. The new listing will published 14 calendar days before the relisted hearing or meeting.

If a hearing is adjourned part way through the hearing (adjourned part-heard), details of the delay will be added to the notes section of the public listing. We consider this to be in the public interest because this allows members of the public to remain informed of the progress in a case after the listing has been published.

[note 47]: Regulation 19(1) of the regulations

After an appeal has concluded

Appeal dismissed

If the appellant’s appeal is dismissed, the decision containing the reasons for the decision will be published. [48] It will remain on the listing page for 1 year because we consider it to be in the public interest for members of the public to understand the outcome of a proceeding.

Appeal outcome favourable to appellant

If the outcome of the appeal is favourable to the appellant, the decision will only be published if the appellant requests this. [49] Favourable outcomes may include (any of the following):

• quashing the decision
• changing the decision
• remitting the decision back to the regulator with directions

If the decision is published it will be published for a period of 1 year.

The information that will be published on the public extract of the register will depend on the nature of the decision appealed and the outcome of the appeal. For example, if on appeal a decision is made to allow:

• the appellant to be restored to the register, then their register entry will be updated in line with guidance on restorations
• a person to be registered, then a register entry for them will be created

[note 48]: Rule 22(1) and (2) of the Removal from the Register and Registration Appeals Rules 2019 (as amended) confirms that the regulator must publish details of the adjudicators’ determination, and reasons provided for it unless the determination is favourable to the appellant, in which case the regulator must not publish the determination unless the appellant so requests

[note 49]: Rules 22(2) of the Removal from the Register and Registration Appeals Rules 2019 (as amended)

Voluntary removal

If a social worker is subject to fitness to practise proceedings, they may apply to Social Work England to remove them from the register by way of a voluntary removal agreement. [50] If we agree to this request, the fitness to practise proceedings will be concluded without the need for a formal consideration of the regulatory concerns or allegations by the case examiners or adjudicators (where relevant). An application for voluntary removal can be made at any point in the fitness to practise process, including when a fitness to practise final hearing has been scheduled or a final order is subject to review. Further information about the voluntary removal process is available in our voluntary removal guidance.

What information is published about the application

The decision as to whether to grant the application or not is made privately by the Executive Director of Regulation based on documentary evidence. When an application has been made, no information about that application will be listed publicly.

What information is published once a decision is made

Once the application has been considered, some information will be available depending on the outcome.

Voluntary removal rejected

If voluntary removal application is rejected, no information about the application or decision will be published.

Voluntary removal agreed

If voluntary removal has been agreed, we will amend the social worker’s public extract of the register to display a status of ‘no longer registered – voluntarily removed’. This status will be recorded indefinitely.

We may publish more information about the decision to remove if it is appropriate to do so, but this will not include information regarding the social worker’s health. The question of whether to publish further particulars and what particulars will be published will be considered on a case-by-case basis and will balance the rights of the social worker with Social Work England’s overarching objective of public protection.

The decision will take into account (both of the following):

• the extent to which the information is already within the public domain. For instance, have there already been public fitness to practise findings made against the social worker
• whether publication of the information is in the public interest

Details of fitness to practise hearing and outcomes

If voluntary removal has been agreed before a final fitness to practise hearing is listed on our website, the details of the allegations will not be published and the case will not be listed for a public hearing.

If an application for voluntary removal is made after the allegations have been published, details of the allegations and/or details of the planned hearing event will remain on our website until a decision has been made about the application. If the application is successful, the scheduled hearing will be cancelled and details of the allegation and/or planned hearing will be removed from our website.

If an application for voluntary removal is made 21 calendar days before a final fitness to practise hearing, the application for voluntary removal will generally be placed on hold until after the hearing has concluded. As such, details of the allegations and hearings event will be published as outlined above and will remain in publication until the hearing concludes.

In cases where a social worker who is applying for voluntary removal is subject to an interim or final order, a successful voluntary removal application would mean that the sanction on the social worker’s public extract of the register would be replaced with the status of ‘no longer registered – voluntarily removed’ indefinitely. Any previous decisions will be removed. Any previous outcomes will remain published in line with the relevant publication period outlined above.

[note 50]: Regulation 14(1A) of the regulations and see rules 12A – 12F of the Fitness to Practise Rules 2019 (as amended)

Social worker appeals

A social worker may appeal to the High Court against a decision of the adjudicators (all of the following):

• to make, not revoke or vary an interim order
• to make a final order
• on review of a final order (other than a decision to revoke the order)
• on review of an interim order (other than a decision to revoke the order) [51]

On an appeal, the High Court may (do any of the following):

• dismiss the appeal
• quash the decision
• substitute the decision appealed against any other decision that the adjudicators or the regulator (as the case may be) could have made
• remit the case back to the regulator to dispose of in accordance with the directions of the court [52]

The social worker must file an appeal before the end of the period of 28 days beginning with the day after the day on which the social worker is notified of the decision. [53]

If an appeal is filed – on final order or final order review

If an appeal is filed on a decision to make a final order, within the appeal period, then (all of the following apply):

• the adjudicator’s decision on the listing page will remain published
• the final order will not be added to the social worker’s public extract of the register
• a note will be added to listing page to confirm final order not effective and subject to appeal
• any interim order imposed to cover the appeal period will continue to be recorded on the social worker’s public extract of the register

If an appeal is filed on a decision to review a final order, within the appeal period, then the review decision still takes effect and (all of the following apply):

• the adjudicator’s decision on the listing page will remain published
• the final order will be added to the social worker’s public extract of the register in line with Appendix 1
• a note will be added to the listing page to confirm the final order is subject to appeal

Appeal outcomes – on final order or final order review

The information we will publish will depend on the outcome of the appeal.

Appeal dismissed

We will (all of the following):

• record the final order on the social worker’s public extract of the register (final hearings only)
• publish or continue publishing the outcome and decision in accordance with Appendix 1
• remove the note on the listing page setting out that an appeal has been filed
• remove the interim order from the social worker’s public extract of the register and the listing page (if one was imposed)

Decision quashed

We will (all of the following):

• remove the listing page
• remove the interim order from the social worker’s public extract of the register (if one was imposed)
• remove the final order (if one has been recorded) from the social worker’s public extract of the register

Decision substituted

We will (all of the following):

• add a note to listing page setting out outcome of appeal and publish the High Court’s determination (if publicly available). The publication requirements will align to the publication requirements above, dependant on the outcome substituted
• record the substituted outcome on the social worker’s public extract of the register (if appropriate)
• remove previous adjudicators’ decision from the listings page (if published)
• remove the interim order from the social worker’s public extract of the register and the listing page (if appropriate)

Case remitted back to Social Work England

The information that will be published will depend on the High Court’s decision. For example, the High Court can quash part but not all the decision and only remit part of the case back to the adjudicators, such as the finding on impairment and sanction.

If an appeal is filed – interim order or interim order review

An appeal against an interim order application or review does not prevent the order taking effect and therefore does not affect the publication of information on the listings page or on the social worker’s public extract of the register.

Appeal outcomes – interim order or interim order review

If the order is quashed or substituted, we will update the listing page and the social worker’s public extract of the register at that stage to remove or amend the information.

[note 51]: Paragraph 16(1) of Schedule 2 of the regulations

[note 52]: Paragraph 16(3) of Schedule 2 of the regulations

[note 53]: Paragraph 16(2) of Schedule 2 of the regulations

Professional Standards Authority (PSA) appeals

The PSA [54] can appeal against (all of the following):

• final hearing outcomes
• final order review outcomes
• a decision to restore a person to the register after a removal order

Appeals of this nature must be made within:

• 68 days if the order can be appealed by the social worker
• 56 days if the outcome cannot be appealed by the social worker [55]

When the PSA makes an appeal

If the PSA appeals an outcome (both of the following apply):

• The sanction, outcome and decision will remain in place until the appeal is determined by the High Court
• our listing page will be amended to note that the outcome in question is under appeal (if the outcome is in publication)

When an appeal is concluded

On appeal, the High Court may (any of the following): [56]

• dismiss the appeal
• allow the appeal and quash the relevant decision
• substitute for the decision for any other decision which could have been made by the adjudicators
• remit the case to the adjudicators to dispose of the case in accordance with the directions of the court

The outcome of the appeal will determine which information about the outcome is recorded on the social worker’s public extract of the register and published on the listings page.

Appeal dismissed

In this case, the outcome remains in force and the information in relation to the decision will remain (both of the following):

• recorded on the social worker’s public extract of the register (if recorded)
• published on the listing page (if published)

The note on the listings page indicating that the outcome was subject to appeal will be removed.

Decision quashed

In this case, the outcome is no longer in effect and we will (all of the following):

• remove the listing page, including the outcome and any decision
• remove the sanction (if one has been recorded) on the social worker’s public extract of the register

Decision substituted

In this case, a new outcome has been imposed and we will (all of the following):

• add a note to listing page setting out the outcome of appeal and publish the High Court’s determination (if publicly available). The publication requirements will align to the publication requirements above, dependant on the outcome substituted
• record the substituted outcome/sanction on the social worker’s public extract of the register (if appropriate)
• remove the previous adjudicators decision from the listings page (if published)

Case remitted back

In this case, the information that will be recorded on the social worker’s public extract of the register and what will otherwise be published on the listing pages will depend on the High Court’s decision. For example, the High Court can quash part but not all of the decision and only remit part of the case back to the adjudicators, such as the finding on impairment and sanction.

[note 54]: Section 29 of the National Health Service Reform and Health Care Professions Act 2002

[note 55]: Section 29(6) of the National Health Service Reform and Health Care Professions Act 2002 may not so refer a case after the end of the period of—(a) 40 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision, or (b) in the case of a relevant decision against which it is not possible for the practitioner concerned to appeal, 56 days beginning with the day on which notification of the decision was served on the person to whom the decision relates

[note 56]: Under s29(8) of the National Health Service Reform and Health Care Professions Act 2002

Press releases

We may (in certain circumstances) issue a press release through our website about a decision following a public hearing. Press releases may also be sent out to relevant interested media and other stakeholders within the sector directly, such as employers of social workers.

Press releases are drafted by our communications team and will contain a summary of the public findings or reasoning contained within the adjudicators’ public decision. Decisions are likely to be selected for press releases if they have generated a high level of public attention or if we decide that there are key points of learning contained within a decision that will help to promote understanding and contribute to public confidence in the social work profession.

Press releases will not be published on the website for longer than the associated relevant time period for the decision set out in the schedule at Appendix 1.

Internet search engines

Information will be removed from a social worker’s public extract of the register and our listing pages in accordance with Appendix 1. However, many internet search engines (such as Google) manage information by storing a snapshot in a database and periodically refreshing those captured pages. As a result, historic versions of webpages or PDFs may occasionally remain available on internet search engines despite the content having been removed from publication on the website in question.

Social Work England or the social worker can make a request to the relevant search engine for the information to be updated. We have no control over this process and how long it takes for the third party to respond to that request.

Transcripts of proceedings

We do not routinely publish transcripts of our proceedings. Our Fitness Practise Rules 2019 (as amended) [57] and Removal from the Register and Registration Appeals Rules 2019 (as amended) [58] set out when individuals involved in proceedings are entitled to receive a transcript.

Members of the public (not otherwise entitled to a transcript) may submit a request for transcripts under the Freedom of Information Act 2000 (FOIA). Further information on requests made under the FOIA can be found in this guidance.

[note 57]: Rule 39 (c) subject to rule 39(d), the regulator must supply a transcript of any recording of proceedings on request to (i) any party to the proceedings; or (ii) a complainant where the proceedings were instigated following a complaint, at which the party or complainant (as the case may be) was entitled to be present
(d) A complainant is not entitled to the transcript of any proceedings conducted in private under the provisions of rule 38(a)(ii) in relation to the registered social worker’s health

[note 58]: Rule 21(3) The regulator must, upon request, supply a transcript of any recording of proceedings to any party who was entitled to be present

Freedom of information requests

We may receive Freedom of Information requests for information in relation to our proceedings. These requests could be for information (such as outcomes or decisions) that we do not routinely publish or for which the publication period (as set out in this policy) has expired.

Information previously recorded on social worker’s public extract of register

This will normally be provided to the requester, even if we are no longer recording it in line with this publications policy.

Information published but not recorded on the social worker’s public extract of register

This may include information such as registration, restoration decisions and some other fitness to practise outcomes. We will make a decision on a case-by-case basis as to whether the information must or should be disclosed. This decision will be made in line with the powers and duties to disclose personal data under the Children and Social Work Act 2017 and the regulations. Data will only be shared where there is a lawful basis for doing so under the Data Protection Act 2018 and UK GDPR.

Further information about the freedom of information request process can be found on our website.