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Automatic removal

How we deal with very serious criminal offences

Automatic removal allows us to take action to remove social workers convicted of certain very serious criminal offences from the register, known as listed offences, without having to go through fitness to practise processes.

This means that social workers are not unnecessarily subjected to the additional stress of fitness to practise processes. It also ensures public protection is secured by allowing responsive action in cases where it is clear that a person is unfit to practise as a social worker.

Our regulations guard against any potential adverse outcomes for social workers, for example in cases of mistaken identity, by providing for the right to a hearing and appeal rights where factual or legal mistakes have been made.

Listed offences

The listed offences in our regulations that will result in an automatic removal are:

1. Murder.

2. An offence under any of the following provisions of the Sexual Offences Act 2003(1)—
(a)section 1 (rape),
(b)section 2 (assault by penetration),
(c)sections 5 to 8 (rape and other offences against children under 13),
(d)sections 9 to 12 (child sex offences),
(e)sections 30 to 33 (offences against persons with a mental disorder impeding choice), or
(f)sections 47 to 50 (abuse of children through prostitution and pornography).

3. An offence under any of sections 9 to 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005(2) (sexual services of children and child pornography).

4. An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008(3)—
(a)article 5 (rape),
(b)article 6 (assault by penetration),
(c)articles 12 to 15 (rape and other offences against children under 13),
(d)articles 16 to 19 (offences against children under 16),
(e)articles 37 to 40 (abuse of children under 18 through prostitution and pornography), or
(f)articles 43 to 46 (offences against persons with a mental disorder impeding choice).

5. An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009(4)—
(a)section 1 (rape),
(b)section 2 (assault by penetration),
(c)sections 3 to 6 (sexual assault and sexual coercion) committed against a person who is, by virtue of section 17 of that Act (capacity to consent: mentally disordered persons), treated as incapable of consenting,
(d)sections 18 to 26 (rape and other offences against children under 13), or
(e)sections 28 to 33 (offences against older children).

6. An offence under either of the following provisions of the Modern Slavery Act 2015(5)—
(a)section 1 (slavery, servitude and forced or compulsory labour), or
(b)section 2 (human trafficking).

7. An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015(6)—
(a)section 1 (offence of human trafficking), or
(b)section 4 (slavery, servitude and forced or compulsory labour).

8. Extortion (in Scotland).

9. An offence under section 21 of the Theft Act 1968(7) (blackmail).

10. An offence under section 20 of the Theft Act (Northern Ireland) 1969(8) (blackmail).

11. An offence under section 3 of the Sexual Offences Act 2003 (sexual assault).

12. An offence under article 7 of the Sexual Offences (Northern Ireland) Order 2008 (sexual assault).

13. An offence under section 3 of the Sexual Offences (Scotland) Act 2009 (sexual assault).

 

Last updated: 28 November 2019

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