Restoration after removal orders

Last updated: 16 December 2022

Contents

• About this guidance
• Making an application to restore after a removal order
• After we’ve received an application
• At the hearing
• How the adjudicators determine applications for restoration
• What the adjudicators consider when making a decision
• Other factors the adjudicators consider when making a decision
• Deciding an outcome of an application for restoration following removal
• Restoring with a conditions of practice order

About this guidance

This guidance is for people who want to restore to the register after being removed by a removal order (also known as applicants)[1] or a striking off order made by the previous regulators, the Health and Care Professions Council (HCPC)[2] and the General Social Care Council (GSCC).

This guidance is also for:

• adjudicators
• legal advisers
• Social Work England’s advocate
• Social Work England’s hearing team

This guidance covers:

• restoration after removal orders
• the processes to follow when applying for restoration
• how the adjudicators determine these applications[3]
• the possible outcomes of a restoration application

This guidance is not for people who want to apply to restore their registration who were not the subject of a removal order.

[Note 1] Regulation 15(1) of The Social Worker Regulations 2018 (as amended)

[Note 2] The Children and Social Work Act 2017 (Transitional and Savings Provisions)(Social Workers) Regulations 2019, regulation 8(1)(b)

[Note 3] Regulation 15(3)(a) of The Social Workers Regulations 2018 (as amended)

Making an application to restore after a removal order

Anyone whose name was removed from the register by a removal order can apply to be restored to the register after 5 years since the removal order took effect.[4] This means the date on which the person’s name was removed from the register, not the date on which the removal decision was made.

Anyone whose name was removed through automatic removal may not apply to be restored unless the conviction that led to the automatic removal was quashed or overturned.[5]

It is important to remember that the applicant must demonstrate that they are eligible to be restored to the register.

If a person’s application for restoration has been heard and rejected, they are not eligible for restoration and may not make another application for 12 months.[6]

In accordance with rule 18 of the Fitness to Practise Rules 2019 (as amended), an application for restoration must (at a minimum):

• be made in writing
• include certificates of any relevant education or training courses (as approved by Social Work England) since the removal order was made (including during any appeal period or while an appeal was determined)
• provide details of any employment, paid or unpaid, undertaken since the direction for removal was made (including during any appeal period or while an appeal was determined)
• indicate whether the applicant wishes to appear before the adjudicators at a hearing and be represented

Applications that do not meet these criteria will not be referred to the adjudicators for consideration.

Fulfilling the above application requirements does not mean that the application will be successful. At the hearing or meeting, the applicant must establish why they are eligible to be restored to the register and they should consider what, if any, additional information they’d like to submit to the adjudicators for determination, such as testimonials.[7]

[Note 4] Regulation 15(4) of The Social Workers Regulations 2018 (as amended)

[Note 5] Regulation 15(2) of The Social Workers Regulations 2018 (as amended)

[Note 6] Regulation 15(4)(b) of The Social Worker Regulations 2018 (as amended)

[Note 7] Rule 18(e) Fitness to Practise Rules 2019 (as amended)

After an application is made

We will write to the applicant and ask for any outstanding information, if necessary. This information must be delivered to us within the timescale given. Once the information is received the application will be considered complete and will be referred to the adjudicators for their consideration.

If the information is not sent within the timescale given, the application will be closed.

Where the applicant has indicated they wish to appear before the adjudicators at a hearing, they will also be asked if they have any objection to the hearing taking place remotely.

After we've received an application

Once we receive a complete application to restore (which meets the requirements set out in rule 18 of the fitness to practise rules as set out above), 2 or more adjudicators will be appointed to determine its outcome. A legal adviser will provide them with legal advice on the law and legal procedure.

An advocate will be appointed and will respond to the application on Social Work England’s behalf. The adjudicators will make the decision on whether the application to restore is accepted. The application will be closely managed to ensure it is progressed efficiently. This is because a decision must be made within 84 calendar days from the date the application was considered complete, unless the applicant applies for or consents to a postponement of the determination.[8]

[Note 8] Rule 23, Fitness to Practise Rules 2019 (as amended)

Hearing an application

An application can be heard by the adjudicators in either:

• a meeting (neither the applicant nor the advocate for Social Work England (the parties) will be in attendance), or
• a hearing (where the parties will be able to attend and make oral submissions, if they wish).

The application will be listed as a meeting by the regulator[9] if[10] :

• the applicant has not requested a hearing
• the applicant has not indicated that they would like to attend a hearing
• the adjudicators do not need to hear evidence from anyone else

In all other circumstances, the application will be considered at a hearing.

If a hearing is taking place, the applicant and any witnesses required by the adjudicators will be given at least 7 calendar days’ notice of the date, time and location of the hearing.[11]

[Note 9] The ‘regulator’ will be a hearings case manager

[Note 10]  Rule 22, Fitness to Practise Rules 2019 (as amended)

[Note 11] Rule 20(1) Fitness to Practise Rules 2019 (as amended). Notice to require a person other than the applicant to attend and give evidence or to produce documents must include reference to the provisions of regulations 32(1)(b) and 33 (related to offences in connection with the provision of information): rule 21 Fitness to Practise Rules 2019 (as amended)

Before the hearing or meeting

Adjudicator administrative meeting

Before the hearing or meeting is scheduled, the adjudicators will make several administrative decisions with a legal adviser present. Both Social Work England and the applicant will not attend this meeting, however they will be told when it is taking place.

For instance, the adjudicators may require a person other than the applicant to produce documents, such as an employer. During their administrative meeting, the adjudicators will specify that these documents be provided within a certain timeframe, normally within a minimum of 7 calendar days.[12] The adjudicators will also decide if any witnesses need to attend the hearing and give evidence.

If the regulator considers the application could be conducted via a meeting (where the applicant has not stated they want a hearing and no witnesses are required to attend), the adjudicators will be asked to indicate if they agree and to state this in the written outcome of the administrative meeting. If the adjudicators do not agree to hold a meeting, they will state that the restoration application be determined at a hearing.

The outcome of the adjudicator administrative meeting will be shared with the applicant and Social Work England.

[Note 12] Regulation 15(5)(b) of The Social Workers Regulation 2018 (as amended) and rule 19 of the Fitness to Practise Rules 2019 (as amended) 

Case management meeting

After the adjudicators administrative meeting, the parties will liaise with each other in the run up to the hearing or meeting. If there are issues between the parties that remain unresolved, such as when documents should be served or any other legal or procedural issues, a case management meeting can be scheduled.

The parties will generally be provided with 7 calendar days' notice of a case management meeting.

At a case management meeting, the adjudicators or the regulator may set any case management directions required to ensure the application is considered as efficiently and as fairly as possible.

Social Work England’s advocate will assist the adjudicators by preparing a bundle of documents for the purposes of the case management meeting.

This bundle of evidence will include (as a minimum):

• the decision which led to the imposition of the removal order
• any subsequent decision(s) arising where the applicant made an appeal against the removal order
• any subsequent decision(s) arising where the applicant has made a previous application for restoration
• the restoration application and any evidence provided by the applicant in support of their application

The bundle may also include (if available):

• the bundle of documents considered at the hearing which led to the decision to impose the removal order
• a transcript of the hearing which led to the decision to impose the removal order

The outcome of the case management meeting and in particular any directions issued will be shared with the parties, no more than 7 calendar days after the conclusion of the case management meeting.

Final restoration bundle

To prepare for the meeting or hearing, Social Work England’s advocate will prepare a final restoration bundle and provide this to the adjudicators ahead of the meeting or hearing. This will include (in addition to the above information):

• Social Work England’s position statement
• any further information or evidence submitted by the parties

The parties should note that any further information or evidence should be submitted in accordance with the case management directions.

Format of the restoration hearing or meeting

The way in which the application will be heard and considered will depend on whether it is a meeting or a hearing.

At a meeting neither the applicant or the advocate for Social Work England will be able to attend and make oral submissions. However, both parties will be given the opportunity to provide any written representations they wish to have considered. The applicant will be advised of the date of the meeting and the deadline for any additional documentation.

At a hearing the applicant or Social Work England may[13] attend the hearing and make oral representations either themselves or through a representative. They may also be represented by:

•  a solicitor or barrister registered in the UK
•  a Chartered Legal Executive
•  a representative from any professional organisation of which the applicant is a member, or
•  at the discretion of Social Work England or the adjudicators conducting the hearing, by a member of the applicant's family or other suitable person[14]

Applications will first be scheduled for a remote hearing . If the applicant objects to a remote hearing taking place, they must provide reasons as to why a remote hearing may not be suitable. We will consider these reasons and if the parties do not agree, the adjudicators will decide the format of the hearing at a case management meeting.

[Note 13] Rule 20(2) Fitness to Practise Rules 2019 (as amended)

[Note 14] Rule 40 Fitness to Practise Rules 2019 (as amended)

Notice of the hearing

The applicant will be provided with at least 7 calendar days’ notice of the date, time and place of the hearing.

Where we send the notice

We can send notice of the hearing in the following ways (one of the following):

•  to the applicant’s Social Work England’s online account (if applicable)
•  to an email address provided by the applicant to the regulator
•  by courier, next day delivery service or first class post to an address provided by the applicant to the regulator
•  by next day delivery service, ordinary first class post or email to the address of the applicant’s representative
•  by personal service on the applicant or their representative

How we will prove that we have served the notice

The way in which we will prove that we have given an applicant notice depends on how it was served.

When we send a notice through the applicant’s online account, we will prove it with a (both of the following):

•  signed statement from the person who placed the notice on the online account
•  a certified copy of a message sent by email to the applicant informing them of the placement of the notice or communication on their online account

For notices sent by email, we will prove it with a signed statement from the person sending the notice.

For notices sent by post or delivery/courier service, we will prove it with (one of the following):

•  a signed statement from the person sending the notice
•  confirmation of posting or sending from the postal service or delivery/courier service used to deliver the notice

For notices that have been personally served on the applicant or their representative, we will prove it with a signed statement from the person who effected personal service.

Calculating the date a notice was served

We calculate the date a notice is deemed to have been served as (one of the following):

•  the day an email is sent to the applicant to tell them that there is a message for them on the online account (if the notice was sent through the online account)
•  the day the email was sent (if the notice was sent by email)
•  the day after the notice was sent (if the notice was sent by next-day delivery service or courier)
•  two days after the notice was sent (if the notice was sent by first class ordinary post)
•  the day notice was served (if the notice was personally served)

This applies where (both of the following):

•  we send a notice to the applicant directly
•  the applicant has nominated a representative to accept notices on their behalf

At the hearing

Proceeding in absence

Rule 43 of the Fitness to Practise Rules 2019 (as amended) allows the adjudicators to proceed in the absence of an applicant, including in circumstances where the applicant has previously indicated they wished to attend.

If the applicant does not attend the hearing and is not represented, the adjudicators must decide whether (both of the following):

•  the notice of hearing was properly served or all reasonable efforts were made to serve the applicant with notice
•  to proceed with the hearing in the absence of the applicant

When deciding whether to proceed in the absence of the applicant, they should (both of the following):

•  consider all the circumstances of which the adjudicators are aware
•  balance the fairness of the applicant with that of Social Work England and the interests of the public

Where applicant has requested hearing

We must ask the applicant whether they want to request a hearing for a restoration application.

If the applicant requests a hearing but does not attend, the adjudicators can decide whether to proceed in the absence of the applicant as long as (one of the following):

•  they are satisfied that the applicant has been served with notice
•  all reasonable efforts have been made to serve the applicant with notice of the hearing in accordance with the rules

Adjudicators should still apply the factors set out in the next section before deciding whether to proceed in absence.

The adjudicators might adjourn the proceedings briefly so we can call or email the applicant (or their representative) if they have (one or both of the following):

•  previously indicated that they want to attend the hearing
•  requested the hearing themselves

This is to allow for any unforeseen incapacity that may have prevented the applicant from attending the hearing.

Considerations for the adjudicators when deciding whether to proceed

The adjudicators should consider the following factors when deciding whether to proceed in the absence of the applicant. They must provide reasons for any decision to proceed in absence.

Service of notice

The adjudicators must consider whether all reasonable efforts have been taken to serve the applicant with notice.

Fairness

Deciding to proceed in the absence of the applicant should be exercised with caution. The adjudicators should consider the fairness of any decision to proceed or not proceed taking into account the interests of:

•  the applicant
•  Social Work England
•  the public

Public protection

The decision about whether to proceed must be guided by our primary objective to protect the public.

Why the applicant is absent

Adjudicators should consider the nature and circumstances of the applicant’s absence, in particular whether the behaviour may be deliberate and voluntary.

The adjudicators might consider that it is not appropriate to proceed with a hearing if (both of the following):

•  they have independent evidence that the applicant is involuntarily absent, for example through incapacity
•  the applicant otherwise intended to attend the hearing

Adjournments

Any ‘culture’ of adjournment is to be discouraged. It goes against the efficient disposal of cases. Organising another hearing is (all of the following):

•  inconvenient
•  costly to all parties
•  disruptive to witnesses, the adjudicators, legal advisers, staff, and facilities

The seriousness of the case

The adjudicators should consider the extent to which the applicant may be disadvantaged by not being able to give their account of events. This includes having regard to the nature of the evidence. If the applicant has already participated to some extent, this may reduce their disadvantage. For example, if they have previously provided a detailed written application.

Hearing logistics

The parties can call witnesses relevant to the application if they have given at least 7 calendar days’ notice of their intention to call the witness.

Restoration hearings will be public hearings, unless the application relates to the applicant’s physical or mental health.[15] The applicant or Social Work England’s advocate can apply for the hearing or part of it to be held in private for the reasons set out below. The regulator, or the adjudicators may determine to hold part or all of the hearing in private when it’s considered appropriate having regard to (one of the following):

• the vulnerability, interests or welfare of any participants
• the public interest[16]

The published decision will be redacted of information including (all of the following):

•  details in relation to the social worker’s health
•  any matters that were considered in private session during the hearing
•  spent convictions

In these instances, there will be a private and public version of the decision and only the public version will be published. The private decision will be shared with the social worker.

[Note 15] Rules 37 and 38(a) Fitness to Practise Rules 2019 (as amended)

[Note 16] Rule 38(b) Fitness to Practise Rules 2019 (as amended)

Publication of information relevant to restoration applications

Details of restoration meetings or hearings are published 14 calendar days in advance to give the public notice of the proceedings.

Listings for public proceedings are published on our website. The listing will include details of the original allegations found proved against the applicant resulting in the removal order including the date(s), time and location of the restoration hearing or, in the case of a meeting, just the date.

Decisions made at restoration meetings or hearings will 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 days.[17] The applicant will not have their public extract of the register restored. 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. The public extract of the register will still record the previous removal outcome for as long as the social worker remains registered. The restoration decision will then be published for 1 year from the date the fee is paid.

If restoration is not granted

The restoration outcome and decision not to grant restoration will be published for 1 year. We consider 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.

[Note 17] There is no legal requirement to publish this decision. The publication and duration of publication are therefore policy decisions.

Withdrawal of an application

The applicant may withdraw their application at any time prior to the opening of the meeting or hearing.[18] The request to withdraw the application should be made in writing to the hearings team at [email protected]. An application to withdraw is not treated as a refusal under regulation 15(4)(b) and as such the applicant does not need to wait 12 months to submit another application to restore.

[Note 18] Rule 24 Fitness to Practise Rules 2019 (as amended) 

How the adjudicators determine applications for restoration

What happens at a restoration hearing

During a restoration hearing, the applicant would usually be expected to make their case and demonstrate their eligibility for restoration to the adjudicators first. Social Work England’s advocate would then respond to the application.

However, the adjudicators may find it helpful to invite Social Work England’s advocate to address the adjudicators first to set out the relevant history to the application, including the matters which led to the removal order being imposed and details of any subsequent applications for restoration. It will be then for the applicant to present their case in support of their application.

The applicant can provide written documentation and call relevant witnesses to give oral evidence (as long as relevant notice has been provided). Any witnesses the applicant calls to give oral evidence may be cross-examined.

The applicant may also wish to give evidence on oath or affirmation to the adjudicators. If they choose to do so, then this will allow Social Work England’s advocate to cross examine the applicant. Adjudicators may give less weight to oral submissions not given under oath or affirmation.

Following this Social Work England’s advocate will formally respond to the application and explain whether they oppose the application. The adjudicators can also ask questions of either party at any time.

If the application is heard at a meeting

If the application is heard at a meeting the parties will not be in attendance and there will be no oral submissions. Adjudicators will determine the application based on the written documents that have been provided. The applicant must still demonstrate their eligibility for restoration through these documents.

Social Work England’s advocate will prepare written submissions setting out the background of the case, the circumstances of the removal order and explain whether they oppose the application.
 

What the adjudicators consider when making a decision

The adjudicators will need to decide whether the applicant is eligible for restoration in line with regulation 15(4)(b) and regulation 11(2). The applicant is responsible for demonstrating to the adjudicators that they’re eligible to have their name restored to the register.[19]

Under regulation 15(4)[20], a person is eligible for restoration if they:

• meet the requirements for initial registration[21]
• have not, in the preceding 12 months, made an application for restoration which was refused
• have met any requirements for additional education, training and experience as decided by Social Work England

[Note 19] General Medical Council v Lamming [2017] EWHC 3309 (Admin), paragraph 29.

[Note 20] Regulation 15(4) of The Social Workers Regulations 2018 (as amended)

[Note 21] Regulation 11(1) and (2) of The Social Workers Regulations 2018 (as amended) set out the requirements for initial registration.

Has the person made an application for restoration in the last 12 months which was refused?

If there is evidence that an application was refused in the preceding 12 months then the adjudicators do not need to consider the remaining criteria.

If there was no such refusal they must consider the next question.

Does the applicant meet the requirements of initial registration?

The initial criteria to check that an applicant meets the requirements for registration are set out in regulation 11(2):

A person is eligible to be registered where the regulator is satisfied that they—

(a) have a recognised qualification which was awarded—

• (i) within such period, not exceeding five years ending with the date of the application for registration; or
• (ii) before the period mentioned in paragraph (i), and the person has met such requirements as to additional education, training and experience as are determined by the regulator to apply to them,

(b) are capable of safe and effective practice in accordance with the professional standards relating to proficiency, performance, and conduct and ethics,

(c) have the necessary knowledge of English, and

(d) have not been convicted of a listed offence (other than a conviction that has been quashed).

The adjudicators should consider each criteria in turn.

Other factors the adjudicators consider when making a decision

When considering whether the applicant is capable of safe and effective practice (in accordance with the professional standards), the following factors may be relevant to the adjudicator’s determination.

The circumstances that led to the removal order

Adjudicators should consider the previous panel’s decision and the reasons that led to the removal order. The adjudicators should not question the basis of the original panel’s findings on facts, impairment or sanction.

Whether the applicant has demonstrated insight and remediation in relation to matters that led to the removal order

Adjudicators should assess whether the applicant has demonstrated genuine insight into their previous conduct or behaviour. This will help to assess whether the applicant may repeat the conduct or behaviour that led to their removal.

Factors relevant to assessing genuine insight include:

•  demonstrating an understanding of what led to the events leading to the removal order, and how they might act or react differently if the same circumstances were to happen again
•  demonstrating understanding of the impact on others, as opposed to remorse for the impact on the applicant
•  putting right any deficiencies or shortfalls in their practice or behaviour that led to the concerns and removal

Remediation can take different forms, including (any of the following):

•  successful completion of education or training courses relevant to the concerns that were raised
•  evidence that the applicant has reflected on the past events and remediated their practice or conduct that led to the concerns, and demonstrated an ability to apply this learning into their practice
•  evidence of good practice in a similar environment to where the concerns arose

There is no prescribed way in which an applicant can demonstrate remediation, the way this can be demonstrated will depend on the specific facts of the case.

Adjudicators should be mindful that concerns that raise questions of character, such as dishonesty, breaches of trust or abuses of position, are harder to remediate.

What activities has the applicant undertaken since their removal from the register?

Adjudicators should consider what activities the applicant has undertaken since they were removed and whether they are relevant to their fitness to practise. For example, has the applicant obtained employment in a field related to social work and used it to keep up to date in the developments in the profession, or have they been able to demonstrate the core skills and behaviour expected of a social worker in a non-social work role?

The time since the removal order

The length of time that has passed since the removal order may be relevant, but does not necessarily mean that the applicant no longer poses a risk to the public or to public confidence in the profession.

The adjudicators should have particular regard to how the applicant has maintained their knowledge during a lengthy period away from the register. The longer the applicant has been away from the profession, the greater likelihood that their knowledge and skills have deteriorated to a degree that may pose a risk to the public.

Has the applicant met any requirements for additional education, training and experience as decided by Social Work England?

Where a person has been out of practice for longer than 2 years, there are specific requirements that need to be met in order to return to practice. If an applicant left the register more than 5 years ago, they must evidence that they have spent at least 60 days updating their skills, knowledge and experience.[22]

The 60 days do not need to be continuous, but they must all fall within the 12 months leading up to submission of the application to restore. A day must be a minimum of 7 hours.

Applicants can use one or more of the following ways to update their skills, knowledge and experience:

1. Supervised practice
2. Formal study
3. Private study

Please note that private study can make up no more than half of the required period. This means that the applicant can undertake private study for up to 30 days if they are completing a 60 day period.

Social Work England’s advocate will outline whether the evidence provided by the applicant meets this requirement as part of the position statement or submissions.

Read more about updating skills, knowledge and experience.

[Note 22] Rule 14(2)(a), Registration Rules 2019 (as amended)

Is restoration in line with the overarching objectives?

As with everything we do, public protection must be taken into consideration when decisions are made about applications for restoration. The reason behind the adjudicator’s decision must explain how they’ve taken into account each of the 3 areas of the public protection objective.[23]

[Note 23] Section 37 Children and Social Work Act 2017 

To protect, promote and maintain the health, safety and wellbeing of the public

Restoration should not be granted if the adjudicators consider there is a risk that any conduct, health or performance issues will be repeated and may place the public at risk of harm. If the adjudicators are not satisfied that the applicant is fit to practise without restriction, then restoration will not be in line with the overarching objective to protect the public.

To promote and maintain public confidence in social workers in England

Where an applicant’s past conduct is so serious that it remains capable of undermining the public’s trust in social workers, then it is also unlikely that restoration will be granted. This is relevant to behaviour that occurred in the course of professional practice or in the applicant’s private life.

There may be cases where even if the adjudicators are satisfied that the applicant has demonstrated sufficient insight and remediation that public confidence in the profession would be undermined to allow the applicant to practise again. Abuses of trust, dishonesty or assaults are examples of conduct that are likely to be viewed particularly seriously, given the access that social workers have to people’s homes and lives.

To promote and maintain proper professional standards for social workers in England

Where there has been a very serious and/or persistent departure from the professional standards resulting in a removal order, it may not be consistent with the third element of the overarching objective to allow the applicant to practise again. This is because the professional standards set out what a social worker in England must know, understand and be able to do to practise as a social worker.

Relevant case law

In the case of General Medical Council v Chandra [2018] EWCA Civ 1898, the Court of Appeal considered the approach to be adopted by the General Medical Council when considering applications for restoration in line with their statutory framework.

However, the following principles may also apply to applications for restoration considered by the adjudicators:

•  Adjudicators should apply the same test for restorations as they do for sanction. In relation to our overarching objective, this is asking ‘is the person fit to practise?’
•  The question of whether the person is fit to practise does not require an additional layer of whether there are exceptional circumstances to warrant restoration. The issue is solely whether the person is fit to practise.
•  The principles set out in Bolton v Law Society [1994] 1 WLR 512 are also relevant. Panels must also consider the need to maintain public confidence in the profession and that the reputation of the profession as a whole is of greater significance than that of an individual member of the profession.

When considering applications for restoration, the adjudicators should approach their decision in 2 distinct stages:

1. First, they should consider the matters which led to the removal and evidence of insight, remorse and remediation. They should then make findings about those matters.

2. Secondly, if they make positive findings as to insight, remorse and remediation, the panel should balance the findings against each of the 3 limbs of our overarching objective of public protection. This will help to consider the case overall, including the length of time since the removal, and decide whether the restoration would promote and maintain public confidence and uphold the professional standards. Ultimately, this approach will allow the panel to make a determination that ensures we meet our public protection objective.

The Court of Appeal in Chandra also referenced the case of Council for Healthcare Regulatory Excellence v Nursing and Midwifery Council and Grant [2011] EWHC 927 and confirmed that it applies equally to restoration cases. The outcome of that case included that ‘the [panel] should therefore have asked themselves not only whether the registrant continued to present a risk to members of the public, but whether the need to uphold proper professional standards and public confidence in the registrant and in the profession would be undermined if a finding of impaired fitness to practise were not made in the circumstances of this case’.

The adjudicators should also be very careful not to combine the separate parts of the 2 stage test above. For example, they should not implicitly find that public confidence would be maintained by restoration because the applicant had remediated and so was no longer a risk. Successful remediation may be enough to maintain public confidence, but the adjudicators must give distinct consideration to the questions of promoting and maintaining public confidence and proper professional standards.

The adjudicators should reference the 2 stage test explicitly in their determinations and must provide reasons for their decision under each stage of the test.

Deciding an outcome of an application for restoration following removal

The options available to the adjudicators when considering an application for restoration are[24] :

•  grant the application to restore the applicants name to the register
•  grant the application to restore the applicants name to the register with conditions of practice
•  refuse the application to restore the applicants name to the register

If the adjudicators grant the application to restore the applicants name to the register we have to restore their registration, unless they fail to pay their registration fee. The applicant’s name will not be restored to the register and they may not work as a social worker until they have paid the required fee.

The applicant will be restored to the register with the same registration information held previously. These details can be updated if needed via their Social Work England online account. Details of the original removal order will also be added to the register and will remain in publication for as long as the social worker is registered.[25]

Where the adjudicators are not satisfied that the applicant is eligible to be restored to the register, the applicant must be notified of that decision, the reasons for it and of their right of appeal. [26]

[Note 24] Regulation 15(6) and (10) of The Social Workers Regulations 2018 (as amended)

[Note 25] Rule 49(a) Fitness to Practise Rules 2019 (as amended)

[Note 26] Regulation 15(10) of The Social Workers Regulations 2018 (as amended). The right to appeal is set out in regulation 19(1)(h) of The Social Workers Regulations 2018 (as amended)

Restoring with a conditions of practice order

The adjudicators may grant an application to restore the applicant to the register alongside a conditions of practice order.[27] The adjudicators should refer to our conditions bank when formulating conditions of practice.

The circumstances in which this may be appropriate are likely to be limited. For example, a conditions of practice order after restoration may be appropriate if the social worker has successfully completed training courses to address practice concerns but will only be able to put their training to practical application with registration. A period of supervised practice may be appropriate while the social worker demonstrates they can successfully apply their training in practical settings.

It is not appropriate to use conditions of practice orders to mitigate real risk. For example, requiring chaperones for a social worker whose name was removed for sexual misconduct is not appropriate. If the adjudicators determine that the applicant continues to pose a real risk to public safety, they should refuse the restoration application, regardless of whether a conditions of practice order could mitigate the risk.

If a conditions of practice order is imposed [28]:

•  the order cannot be made for more than 3 years
•  the social worker and others must be informed of the conditions of practice order in line with schedule 2, paragraph 12(4)(a)
•  the social worker must be notified of their right to:

a) request a review under schedule 2, paragraph 15

b) to appeal to the High Court under part 5, namely regulation 16

•  The conditions of practice order will be required to be reviewed in line with schedule 2, paragraph 15(1) before it expires
•  The conditions of practice order can also be reviewed where new evidence relevant to the order as become available or when requested to do so by the social worker under schedule 2, paragraph 15(2)

[Note 27] Regulation 15(6) of The Social Workers Regulations 2018 (as amended)

[Note 28] Regulation 15(6)(b) of The Social Workers Regulations 2018 (as amended) sets out that where a conditions of practice order is imposed paragraphs 12(4), 13, 15 and 16 of Schedule 2 of the regulations apply to such an order as they apply to a conditions of practice order made in fitness to practise proceedings