Power to review case examiner decisions

Published 16 December 2022

If you think there is a problem with a case examiner decision, we may be able to review their decision in limited circumstances.

Guidance on this process and on completing an application form within 3 months of the decision can be found on this page and within the power to review case examiner decisions guidance.

You can request a review of a case examiner decision by completing our online application form:

Request a case examiner decision review

Is this decision eligible for a review of a case examiner decision under rule 12G?

Please note (all of the following):

• this power came into effect on 16 December 2022. This means we can only review decisions made on or after 16 December 2022
• you must make your application within 3 months of the original case examiner decision. This is unless there are exceptional circumstances
• if you have previously applied for a review of the same decision, we cannot review this decision again. This is unless there are exceptional circumstances or new information

What is the power to review case examiner decisions (rule 12G)?

Social Work England has the power to review some decisions made by the case examiners. We can review (any of the following decisions):

• the decision that there is no realistic prospect that the adjudicators would find the social worker’s fitness to practise impaired
• the decision to take no further action on one or more concerns (to close a case in part or in full)
• the decision to issue advice or a warning
• the decision to make a final order by an accepted disposal (with a final order such as conditions of practise, suspension or removal)

In our review, we will consider whether there was a problem with the original decision. If we decide that there was, we can refer the case back to our case examiners for a fresh decision.

This power (and the process we need to follow) is set out in Schedule 2, Paragraph 9A of the Social Workers Regulations 2018 and Rule 12G of the Fitness to Practise Rules 2019 (as amended).

Should I request a review of a case examiner decision under rule 12G?

A review of a case examiner decision under rule 12G may be appropriate if (either of the following apply):

• the original decision may be materially flawed (for any reason)
• there may be new information which may have led to a different decision

We must also believe a review is (one or more of the following):

• necessary for the protection of the public
• necessary for the prevention of injustice to the social worker
• otherwise necessary in the public interest

We will ask you questions about this in the application form. These questions help us to understand why a case examiner decision review may be necessary.

Detailed guidance

We have published detailed guidance on the power to review case examiner decisions under rule 12G. This guidance contains information on (all of the following)

• our power to review case examiner decisions under rule 12G
• how to apply for a review of a case examiner decision under rule 12G
• when and why we might review a case examiner decision
• how we review a decision (and decide whether the case examiners need to make a fresh decision)

We strongly recommend you read the detailed guidance before making an application.

There is separate guidance available for our case examiners.