Voluntary removal guidance

First published: 16 December 2022

• About this guidance
• About voluntary removal
• Applying for voluntary removal
• Our decision making process
• Outcomes
• Repeat applications
• Restoration to the register after granting a voluntary removal

About this guidance

Who this guidance is for

This guidance is for (all of the following):

• Social Work England
• registered social workers and their representatives involved in active fitness to practise proceedings

The guidance may also be helpful for people who have raised a concern about a social worker. In particular, where we have informed them that we are considering an application for voluntary removal.

The voluntary removal process is only suitable for social workers who (any of the following):

• have stopped practising or intend to stop practising immediately
• have no intention to return to social work practice in the future [1]

What this guidance is about

If a social worker is subject to fitness to practise proceedings, they may ask us to remove them from the register. We refer to this as fitness to practise voluntary removal. If we agree to this request, we will conclude the fitness to practise proceedings. This means there will be no need for consideration by the case examiners and/or adjudicators (if the case has not yet reached these stages of the process) or no further adjudication at those stages (if the case has reached these stages of the process).

This guidance explains how we deal with voluntary removal requests during fitness to practise proceedings.

Social workers not involved in ongoing fitness to practise proceedings may remove themselves from the register at any time. For removals from the register that do not involve fitness to practise proceedings, social workers should read the separate guidance on leaving the register.

[note 1] Although there may be occasions where we do accept voluntary removal applications in circumstances where the social worker indicates that they intend to restore to the register in future. For instance, if they have a health condition. See section on ‘health concerns’ later in this guidance.

About voluntary removal

What is voluntary removal?

Our Regulations state that we (‘the regulator’) may remove a social worker from the register whilst they are subject to fitness to practise proceedings. This means we can close the case without the need for consideration by the case examiners and/or adjudicators (if the case has not yet reached these stages of the process) or no further adjudication at those stages (if the case has reached these stages of the process). You can read more about the different stages that a social worker can apply for voluntary removal in the next section.

A social worker can request voluntary removal from the register during their fitness to practise process. However, they must confirm that they have no intention to practise in the future.

When can you apply for voluntary removal?

Social workers may apply for voluntary removal at any time during ongoing fitness to practise proceedings. This includes (any of the following stages):

• when we are considering concerns at the triage stage
• when we are investigating concerns prior to a case examiner decision
• when the case examiners have referred concerns to a fitness to practise hearing
• when the outcome of a case examiner decision or adjudicators decision has resulted in a conditions of practice or suspension final order

Is voluntary removal right for you?

We recognise that, on some occasions, a social worker who is undergoing fitness to practise proceedings may wish to leave the register. For example, if the social worker has a serious health condition that prevents them from practising as a social worker (and they do not expect their condition to improve).

We will carefully balance (both of the following):

• the social worker’s reasons for applying for voluntary removal
• whether there is public interest in the fitness to practise processes continuing to its conclusion

If there is no public interest, we are likely to grant voluntary removal. This will end the fitness to practise process.

Social workers should think carefully about whether applying for voluntary removal is right for them.

In some cases, the social worker may benefit from allowing the fitness to practise process to conclude before they decide whether to stay registered with us. This is because the final outcome of the fitness to practise process may be less restrictive than voluntary removal. For example, case examiners or adjudicators may make a finding of no impairment (with no further action, advice or warning) or a finding of impairment with no further action, advice, warning, conditions of practice, or a suspension. These outcomes are considered less restrictive because they do not require the social worker to agree not to come back onto the register in future.

Social workers should also be aware that even though they can seek restoration to the register after being voluntarily removed we will take the voluntary removal into account when we consider the restoration application. This includes any admissions that the social worker has made with respect to their fitness to practise, alongside the declaration that they made that they did not intend to practice or seek restoration to the register.

We strongly advise that social workers considering voluntary removal seek advice from their legal adviser or any representative body that they are a member of.
 

Applying for voluntary removal

How to apply for voluntary removal

To apply for voluntary removal, you must complete the voluntary removal application form. You will need to use a PDF reader to complete the form.

You must fully complete, sign and date the form, and provide the relevant information. Otherwise, we may not consider the voluntary removal application.

You should send the completed form (and any supporting documentation) via email to (either of the following):

• the member of staff allocated to the case (if at triage or investigations stage)
• the case holder at our external legal provider (if case is waiting for a hearing)

If you are unsure who to send the form to please email a copy of the form to [email protected]

It may be helpful to seek support to complete the form. For example, from your representative.

Accessibility

If you have accessibility requirements which prevent you from using the form, you can email [email protected] or call us on 0808 196 2274. We will support you to complete the application.

Completing the application form

The form will ask you (or the person completing the application on your behalf) to provide further information. This includes (all of the following):

A formal, signed declaration from you

This should confirm that (all of the following):

• you are not currently practising (or you intend to stop practising immediately)
• you do not intend to practise in future
• all information supporting the voluntary removal application is accurate and true
• in the event that we remove you from the register, you will not apply to be restored to the register at any point in the future

In the declaration, you will need to confirm that you understand the impact of voluntary removal on any subsequent application to be restored to the register. If you make an application to be restored to the register in future, we will take into account (both of the following):

• the declaration (stating that you had no intention to practise in future)
• the original fitness to practise concerns and any admissions you made

when considering your restoration application.

We will also ask you to acknowledge that we may share information provided as part of the voluntary removal process. We may share information with (any of the following):

• any regulatory, licensing or public authority (in suitable circumstances when voluntary removal has been agreed
• employers (in suitable circumstances when voluntary removal has been agreed)
• the case examiners and the adjudicators (in the event that the voluntary removal application is refused and the fitness to practise case proceeds)

The reasons for the request for removal (and any supporting documentation available in relation to those reasons)

This may include, but is not limited to, any of the following.

If illness is preventing further work as a social worker (both of the following):

• confirmation of the condition
• medical evidence to confirm that further practice is not possible or advised in the circumstances

In the case of retirement:

• suitable evidence to support that you have retired (for example, confirmation of retirement from your most recent employer)

In the case of migration overseas (any of the following):

• evidence of an overseas address
• evidence of an overseas employer
• evidence of registration with the appropriate licensing body

If you are working (or intend to work) in a social care role, information that supports this (which may include any of the following):

• any confirmation of the change in role
• a copy of the relevant job description

A summary of your response to the concerns raised about your fitness to practise

In particular, you should state (both of the following):

• whether you admit any or all of the concerns
• whether you accept that your fitness to practise is impaired

In some cases, you may partially admit to the concerns. If so, you should explain the basis for that partial admission within your voluntary removal application.

While admissions to fitness to practise concerns are not required for us to agree to voluntary removal your response will be relevant when we are considering whether there is a public interest in the fitness to practise proceeding continuing.

Information about the your future intentions

You should provide a statement setting out (both of the following):

• your reasons for wanting to leave the profession
• your future intentions

After you submit the application

Requesting further information

Before we decide on an application for voluntary removal, we may request further information or evidence from any person. We will do this where we consider it necessary to make our decision.

We will always give you a minimum of 14 calendar days to provide information or evidence. We may give more time from the outset, if this is reasonable in the circumstances. For example, if we are seeking medical evidence, or if you have an underlying health condition that means you may need more time to respond. If you need more time to provide this information, you should make a request for an extension as soon as possible. You should also set out the reasons why you need additional time.

If we do not receive the information required within the additional or extended timescales (without reasonable explanation), we may close the application for voluntary removal. The fitness to practise process will then progress as usual.

Using admissions and evidence

In a voluntary removal application, you will be asked to provide a response to the fitness to practise concerns. As such you may make admissions to the fitness to practise concern and/or provide evidence relevant to those concerns. You should be aware that we can rely on and use these as part of the fitness to practise proceedings. This means that we can provide this information to the case examiners or adjudicators for their consideration.

You should not make admissions to concerns which you do not accept. We strongly advise you seek advice on voluntary removal from your legal adviser or any representative body that you are a member of.

Our decision making process

Decision makers

The executive director for regulation (‘executive director’) will ultimately consider applications for voluntary removal. Alternatively, their delegate (who makes decisions on behalf of the regulator) will consider applications.

When an application is ready for consideration, a senior member of the fitness to practise team will carry out an initial assessment of suitability. They will prepare a brief report with recommendations.

We will put this report, along with the application and supporting evidence provided by the social worker, before the executive director (or their delegate). This will assist with their decision making.

The executive director can make any of the following decisions:

• grant the application
• reject the application
• request further information to assist in making a decision

How we decide whether to grant voluntary removal

The executive director will consider the following factors when deciding whether to grant voluntary removal.

Public protection

Our primary objective is public protection. This means that we will not grant a voluntary removal unless (both of the following):

• we are satisfied that voluntary removal is the best way to ensure public protection
• we are satisfied that no further regulatory action is necessary to ensure public confidence in social workers and to uphold professional standards

Is voluntary removal the best way to ensure public protection?

In some circumstances, allowing someone to leave the register quickly (without the need for further action) will be the best way to satisfy the public interest and ensure public protection. Voluntary removal means the public is immediately protected from the risk of future harm from the social worker’s practise. The social worker will sign a declaration that they won’t practise as a social worker in the future. We also publish the removal outcome.

Would further regulatory action better serve public protection?

However, in some circumstances, the public interest may be better served by the fitness to practise process proceeding as usual. For example, (any of the following):

• the investigators carrying out more extensive investigation of the case (to establish the extent and seriousness of the alleged failings)
• the case examiners considering the case (at the case examiner stage)
• the adjudicators considering the case (at a public hearing) and making findings in relation to whether the social worker’s fitness to practise is impaired
• the case examiners or adjudicators imposing a final order (such as conditions of practice, suspension or removal
• the regulator publishing the full written decision of either the case examiners or the adjudicators

Where concerns do not relate to professional practice

Some concerns may not directly relate to a social worker’s professional practice. In these cases, rejecting the voluntary removal application is only likely to be necessary if the concerns are serious and relate to the social worker’s (any of the following):

• character
• trustworthiness
• attitude

For example, we may reject the voluntary removal application where the concerns relate to dishonest or harmful conduct.

Stage of the investigation

Social workers can make an application for voluntary removal at any stage in the process. However, we will consider the stage at which the voluntary removal application is made as this may be relevant when considering whether there is a public interest in the fitness to practise proceeding concluding. For instance, if the voluntary removal application is made at an early stage of the process we may not have enough information available to assess the seriousness of the concerns.

Triage and investigation stage

We will not usually grant voluntary removal until we have completed our investigation into the regulatory concerns. This is because we can usually only fully assess the factors for consideration once we have gathered and assessed all available information. We need to fully understand the nature and severity of the concerns raised. We consider that this may also be in the social worker’s best interests. For instance, at the end of the investigation, we may think that the case could be suitable for closure with no further action. If so, we will consider placing a recommendation for closure before the case examiners. If the case examiners accept our recommendation for closure, the fitness to practise case will be closed. The social worker may then leave the register through the normal route. This means that they won’t be subject to the conditions attached to a voluntary removal.

The investigation is usually considered complete when the case investigation report has been completed and the case is ready to be considered by the case examiners. However, there may be exceptional circumstances in which voluntary removal may be agreed at this early stage– see below ‘exceptional circumstances’.

In some cases, a social worker may apply for voluntary removal before the investigation has concluded. If we reject the application, it may be appropriate for the social worker to submit a fresh application at the end of the investigation. At this stage, we are more likely to have enough information about the concerns to fully assess the application. The social worker will also be made aware of our position with respect to the fitness to practise concerns, namely whether we consider there may be a case to answer or not and this can assist them in deciding whether to make an application.

Exceptional circumstances

In exceptional circumstances, we may determine before we complete the investigation that there is no public interest in progressing it further. For example, when a social worker requesting removal is suffering from a very serious health condition, or a health condition that will not improve.

We will carefully consider the factors set out later in this document when deciding whether to grant a voluntary removal applications made at an early stage of the fitness to practise process.

Case examiner stage

In some cases, a social worker may apply for voluntary removal after the case examiners have started their review of the case [2]. In this scenario, we will usually place the application on hold until the case examiners have reached a decision (in respect of the regulatory concerns) because the decision making process has already begun and it may unnecessarily delay the fitness to practise process by considering the application at this stage.

This may also be in the social worker’s best interests, because depending on the decision the case examiners make, the social worker may be able to leave the register through the normal route, without needing to agree to voluntary removal. For example, if the case examiners make a finding of no impairment (with advice or warning) or a finding of impairment with no further action, advice or warning.

Once the case examiners have finished their decision making process the voluntary removal application will be considered, if the case examiners (do any of the following):

• impose conditions of practice
• impose suspension
• refer the case to a hearing

In these circumstances, we may ask the social worker (and in some cases, the complainant) to provide further information. This is because there may be more relevant information available following the case examiner’s review of the case and/or the social worker may have changed their mind about the voluntary removal application. We will consider this information alongside the voluntary removal application.

When considering voluntary removal in these instances, the executive director (or their delegate) will take account of the voluntary removal application and (all of the following):

• the case examiner’s decision
• any further submissions from the social worker
• any further submissions from the complainant (if sought)

Hearings stage – following a case examiner decision to refer to a hearing

The social worker can apply for voluntary removal if the case examiner decision is to refer the case to a hearing.

When considering voluntary removal in these instances, the executive director (or their delegate) will take account of the voluntary removal application and (all of the following):

• the case examiner’s decision to refer the concerns
• any further submissions from the social worker
• any further submissions from the complainant (if sought)
• any further information gathered after the case examiner decision (such as witness statements)
• any response to the concerns that the social worker has provided as part of the pre-hearing case management process

Applications for voluntary removal made within 21 days of the final hearing listing date will not usually be considered and will be placed on hold until the hearing has concluded because we consider the hearing process has begun at this stage and it may unnecessarily delay the fitness to practise process by considering the application at this stage. We will consider the voluntary removal application when the hearing has concluded.

After a final hearing

The social worker can apply to leave the register through the normal route if the outcome of the final hearing does not result in (either of the following):

• a conditions of practice order
• a suspension order

Where the adjudicators have imposed (either of the following):

• a conditions of practice order
• a suspension order

the social worker may make a request for voluntary removal once the hearing has concluded.

When considering voluntary removal in these instances, the executive director (or their delegate) will take account of the voluntary removal application and (all of the following):

• the adjudicators’ decision
• any further submissions from the social worker
• any further submissions from the complainant (if sought)

It is likely that we will grant voluntary removal at this stage. This is because the public interest will have been satisfied by the hearings process. Removing the social worker from the register will also protect the public.

The nature and seriousness of the concerns

When considering voluntary removal, we will consider the nature and seriousness of the concerns.

The regulatory concerns must not be so serious that, if proved (one or both of the following):

• there may be a presumption of impaired fitness to practise [3]
• we would likely impose a removal order [4]

This is unless there are exceptional circumstances.

Misconduct concerns

When considering the seriousness of misconduct concerns, the executive director (or their delegate) will take into account (both of the following):

• whether the alleged misconduct occurred in the social worker’s private life
• any relationship between the misconduct and the social worker’s professional practice

Serious misconduct cases (that we consider are incompatible with continued registration) are unlikely to be suitable for voluntary removal. For example, cases involving deliberate harm, dishonesty or neglect. In these cases, we consider that voluntary removal is unlikely to (do any of the following):

• adequately protect the public
• promote public confidence in the professions
• uphold proper professional standards and conduct

We will usually refer serious misconduct cases to our case examiners (or adjudicators at a final hearing). This is because a removal order is likely to be more appropriate to protect the public, maintain public confidence and uphold standards

Competency concerns

Competency concerns suggest that the social worker may lack the knowledge and skills to carry out their role in a safe and effective manner.

Generally, we consider cases about professional competence to be less serious than cases that involve misconduct. This is why removal orders are not available in the first instance in competency cases.

We consider competency cases to be less serious than misconduct cases because (both of the following):

• there is a possibility that the social worker can address the issue through training and remediation
• issues of competency do not usually indicate a failure to uphold fundamental social work principles (such as honesty and integrity)

As such, it may be less likely that we need to carry out the full fitness to practise process to uphold public confidence.

When determining whether a case that involves competency concerns is suitable for voluntary removal, the executive director (or their delegate) will consider (all of the following):

• the seriousness of the competency concerns
• whether there is evidence that the competency concerns contributed to actual harm (or created a realistic (not remote) and serious risk of harm)
• whether a lack of competence is the only concern that we are investigating. If we are investigating other concerns alongside the competency issues, we will consider the nature and seriousness of those concerns

Health concerns

If the social worker’s health is the sole issue of regulatory concern, we are likely to grant voluntary removal. This is because there is unlikely to be any public interest in pursuing health concerns if the social worker is seeking voluntary removal.

We recognise that in some cases, the social worker may be so unwell that they are not able to (do either of the following):

• engage fully with the voluntary removal process
• show insight into their health condition

We will take this into account when deciding whether to grant the voluntary removal application.

In cases that only involve health concerns, we may decide to grant voluntary removal in circumstances where the social worker indicates that they intend to restore to the register in future. This may happen if their health condition improves to the extent that it no longer affects their ability to practise safely and effectively. This is because we will be able to consider evidence in relation to the social worker’s current health at the point that they make an application to restore to the register.

Health concerns alongside other concerns

We may investigate a health concern alongside other fitness to practise concerns. For example misconduct or competency concerns.

Health may also be a contextual factor that is related to other concerns. For example, if the social worker was experiencing stress and anxiety while competency concerns were identified by their employer.
In these cases, we will consider the nature and seriousness of the health condition. For example, whether the health condition is short term, chronic, or long term. We may be less likely to grant voluntary removal if the condition is acute or short term. We will also consider the extent to which the social worker’s health condition was the cause or contributing factor for the other concerns under investigation. It may be that the case needs to progress through our fitness to practise process for this to be established.

Further information

Further information about the factors that we considered when assessing the seriousness of a case (and the associated public interest factors) is available in the ‘impairment’ section of our sanctions guidance.

Social worker’s response to the concerns

The social worker must respond to the regulatory concerns under consideration. This is unless there are exceptional circumstances.

This includes the social worker setting out in the voluntary removal application whether they accept (both of the following)

• the factual basis of the regulatory concerns
• that their fitness to practise is currently impaired

Where the social worker accepts the regulatory concerns

A social worker does not need to make full admissions to the concerns for voluntary removal to be considered. However, if a social worker makes full and unequivocal admissions to the concerns, these are likely to support their application for voluntary removal.

Where the social worker does not accept the concerns

On the other hand, the social worker may dispute the core elements and seriousness of the concerns and/or that their fitness to practise is impaired. This would indicate that there is a dispute about the factual basis of the concerns and/or their seriousness. This would be a factor weighing against granting voluntary removal and would suggest a decision by case examiners and/or adjudicators may be required.

There may be circumstances where we grant voluntary removal even if the social worker has not fully admitted to the concerns. For example, if the social worker is very unwell and can no longer practice.

Social worker’s future intentions

Usually, we will only grant voluntary removal if the social worker (either of the following):

• has stopped practising as a social worker (and has no intention to practise in the future)
• intends to stop practising immediately (and has no intention to practise in the future)

We will consider any evidence relating to actions that the social worker has taken to leave the social work profession. For example, retiring from their social work role.

We will also consider the career path that the social worker intends to follow in future. In particular, we will consider its proximity to social work. For example, the social worker may plan to enter another social care profession (such as care work). We will consider any risk factors associated with this and the extent to which voluntary removal would sufficiently protect the public. If the social worker intends to practise in a social work related field, we will consider if there is a public interest in progressing the concern through the usual fitness to practise process.

We will consider any evidence we receive which (one or both of the following):

• suggests that the social worker’s admissions are not genuine
• casts doubt over their stated intention not to practise as a social worker.

For example, if we become aware that the social worker has applied to join the social work register in another country at the same time as they have applied for voluntary removal with us. We are unlikely to grant voluntary removal if there is doubt about whether the social worker’s admissions or future practice intentions are genuine. This may suggest that there is a public interest in the fitness to practise process continuing.

In some cases, we may receive contradictory information about the social worker’s future practice intentions. We recognise this may be due to the social worker not understanding voluntary removal. When we grant voluntary removal, it means the social worker has agreed to (both of the following):

• not practise as a social worker
• not apply to be restored to the register

In these circumstances, we will provide further guidance to the social worker about the implications of voluntary removal.

The social worker’s interests

We will take account of the social worker’s best interests (balancing these with the public interest).

This will include careful consideration of (all of the following):

• the reasons the social worker is seeking removal
• the nature of the social worker’s future plans
• the strength of evidence to demonstrate that the intended departure from the profession is permanent

Comments from the complainant and/or others

When considering a voluntary removal application we will consider whether it is appropriate to seek comments from the person that raised concerns about the social worker (the complainant). In exceptional circumstances, this may also include contacting parties who are related to the concern. For example, seeking comments from a service user, if an employer raised the concern on their behalf. We may take these steps where we feel it is important to hear that person’s perspective.

If we do seek the views of the complainant (or parties connected to the concern), we will advise them of the voluntary removal process. This includes explaining how this process differs from the fitness to practise process including confirmation the social worker no longer intends to practise as a social worker.

We will not share any information that the complainant (or another party) does not already possess. For example, information about the social worker’s health or private life.

Often, our consideration of a voluntary removal application will involve reviewing confidential information (such as health information). In these circumstances, it will not be possible for us to fully explain to the complainant why we are considering voluntary removal. We will take this into account when determining whether it is appropriate to seek comments from the complainant (or other interested parties).

We will take any comments into account when the executive director (or their delegate) considers the voluntary removal application. However, the views of the complainant (or another party) will not determine the outcome of the voluntary removal application. We will always base the final decision on the best method to protect the public and maintain public confidence.

Examples of exceptional circumstances

We will also take any exceptional circumstances into account.

Exceptional circumstances may include (any of the following):

• where there is medical evidence that the social worker is seriously ill and would be unfit to participate in the fitness to practise proceedings
• where there is evidence that the social worker is at risk of suicide or serious self-harm due to the fitness to practise process
• where there has already been a significant public ventilation of the concerns raised about the social worker. For example, criminal conviction following criminal court proceedings

[note 2] This means when the case investigation report and bundle of evidence have been sent to the case examiner operations team and the case has been allocated to the case examiners for consideration.

[note 3] The sanctions guidance sets out those types of concerns where there is likely to be a presumption of impairment, this includes sexual misconduct, violence, dishonesty, abuses of trust, discrimination involving a protected characteristic

[note 4] The sanctions guidance sets out examples of concerns that are more likely to engage a removal order including: abuses of position or trust, sexual misconduct, sexual abuse of children or offences involving child sexual exploitation material, dishonesty, especially where persistent and/or concealed, criminal convictions for serious offences, violence and/or persistent lack of insight into the seriousness of their actions or consequences

Outcomes

If the executive director grants an application for voluntary removal, we will remove the social worker’s name from the register.

If the executive director rejects the application, the fitness to practise process will progress as usual.

If the executive director requires further information, we will seek the further information from the social worker (and other relevant parties). Once we have gathered this information the case will be returned to the executive director (or delegate) for consideration.

Communicating the decision

The executive director (or their delegate) will provide a written decision with supporting reasoning. We will share this with the social worker.

If the application is granted, we may also share the decision and reasons with the individual or organisation that referred the concerns to us.

Publishing and disclosing the outcome

Fitness to Practise Rules 2019 (as amended) [5] confirms that if a voluntary removal is granted, we must publish the decision in accordance Registration Rules 2019 (as amended) [6]. The rules state that (both of the following):

• the removal must be recorded and published by the regulator
• the particulars of the removal may be published, but must not include any information relating to the registered social worker’s physical or mental health

Further information

Please refer to our publications policy for details on what we record and publish (and for how long).

Please refer to the guidance on how we use personal information when considering concerns for details on what (and to whom) we may disclose information about voluntary removals.

[note 5] Rule 12F of the Fitness to Practise Rules 2019 (as amended)

[note 6] Rule 10 of the Registration Rules 2019 (as amended)

Repeat applications

Social workers can make more than one application for voluntary removal during the fitness to practise process.

However, when considering repeat applications for voluntary removal, we will pay particular attention to (both of the following):

• whether there has been any significant and demonstrable change in the social worker’s circumstances since we rejected the previous application
• whether new information is now available (that wasn’t available at the time of the previous application)

If there has been no new information since the previous application, we are likely to reject the application.

We will also consider any decisions made by the case examiners and/or adjudicators since we rejected the last voluntary removal application.

Appealing decisions

There is no route of appeal against voluntary removal decisions, and no further remedy available through our legal framework. Applicants should not make further applications simply to challenge the reasons provided for unsuccessful applications.

The only way to challenge a decision by the regulator about voluntary removal is by a legal process called ‘judicial review’. It is advisable to seek legal advice before pursuing this option. There are stringent rules governing this process, including strict time limits.
 

Restoration to the register after granting a voluntary removal

Social workers should not seek voluntary removal if there is any prospect that they may wish to practise as a social worker in England. If we think there is any prospect of this, we are likely to reject the voluntary removal application.

In some cases, a social worker may change their mind after a voluntary removal is completed and seek to restore to the register. When our registrations team consider the application to restore, they will be aware of the fact that we granted voluntary removal during active fitness to practise proceedings because (both of the following):

• there will be a record of the previous voluntary removal application and decision
• the social worker will be required to declare as part of their application that they were previously voluntarily removed

Our regulations allow us to make a broad assessment of suitability before allowing restoration to the register. This includes an assessment of (both of the following):

1. whether a person meets the initial requirements for registration
2. any requirements in relation to additional education, training, or experience

The initial requirements for registration include that we must be satisfied that a social worker is capable of safe and effective practice . This is in accordance with the professional standards relating to (all of the following):

• proficiency
• performance
• conduct
• ethics

As part of the voluntary removal process, the social worker will have agreed to (both of the following):

• that they would not be returning to practice
• that they had no intention of seeking restoration to the register

The registrations team will take this into account. As a result of this, they may consider core requirements for registration, such as honesty and integrity, when considering the application to restore.

Exceptional circumstances

We recognise that there may be exceptional circumstances where a genuine intention to retire from the profession has changed unexpectedly. One example may be in health cases. For example, where underlying health conditions have unexpectedly resolved, or the social worker can now manage them more effectively. As such, they may be able to demonstrate that they can now practise safely and effectively.

In the rare circumstances that we consider restoration suitable after voluntary removal has been granted, we may consider immediate referral for fitness to practise proceedings. This is to resolve any outstanding concerns that were originally under consideration. This will most likely apply in circumstances where health matters have been resolved, but unresolved conduct matters (related to the heath condition) require further assessment.