PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE
CHAPTER 2PRELIMINARY PROCEDURES
Preliminary consideration of allegations etc.
I1118Referral of allegations etc. of impaired fitness to practise
1
This section applies where—
a
an allegation is made to SCW that a registered person's fitness to practise is impaired, or
b
SCW otherwise has reason to believe that a registered person's fitness to practise may be impaired.
2
SCW—
a
must refer for preliminary consideration the matter which is the subject of the allegation or its reason to believe that the registered person's fitness to practise may be impaired, and
b
may refer the matter to an interim orders panel (see Chapter 4).
I2119Preliminary consideration
1
The person giving preliminary consideration to a matter referred by SCW must refer that matter for investigation under section 125 unless—
a
the person determines that the matter is not eligible for onward referral under section 120, or
b
the person is required by section 121 to refer the matter directly to a fitness to practise panel.
2
The person giving preliminary consideration to a matter may, at any stage, refer the matter to an interim orders panel (in addition to making a referral or determination under subsection (1)).
3
SCW must by rules make provision about the procedure for preliminary consideration which may, in particular, provide for preliminary consideration to be carried out by—
a
one or more persons appointed for that purpose, on such terms and conditions (including remuneration) as SCW may determine;
b
one or more members of SCW's staff.
4
But rules made under subsection (3) may not provide for preliminary consideration to be carried out by—
a
a person who is a member of—
i
SCW,
ii
F1Social Work England,
iii
the Scottish Social Services Council, or
iv
the Northern Ireland Social Care Council;
b
a person who is a member of a fitness to practise panel;
c
a person who is a member of an interim orders panel;
d
a prescribed person.
5
SCW must make such arrangements as it thinks appropriate to facilitate co-operation between—
a
a person who has made an allegation that a registered person's fitness to practise is impaired, and
b
the person giving preliminary consideration to the allegation.
I3120Eligibility for onward referral
1
A matter is eligible for onward referral unless—
a
the matter relates to conduct or an incident which occurred 5 years or more before the relevant date and none of the exceptions in subsection (4) apply,
b
the person appointed to give the matter preliminary consideration thinks the allegation is vexatious, or
c
where an allegation has been made anonymously, or by a person who fails to co-operate with the preliminary consideration procedure, the person appointed to give the matter preliminary consideration is unable to verify it.
2
In subsection (1) the reference to onward referral is a reference to—
a
referral to a fitness to practise panel under section 121, or
b
referral for investigation under section 125.
3
In subsection (1)(a) “relevant date” means—
a
the date of the allegation under section 118(1)(a), or
b
where an allegation has not been made under that section, the date on which SCW first became aware of the matter.
4
For the purposes of subsection (1)(a) the exceptions are—
a
the matter relates to a registered person's conviction for a relevant criminal offence;
b
the matter relates to the inclusion of the registered person in a barred list (as defined in section 117);
c
the matter relates to a determination by a relevant body (as defined by section 117) to the effect that a registered person's fitness to practise is impaired;
d
the person giving the matter preliminary consideration thinks that it is in the public interest for the matter to be referred for investigation.
5
For the purposes of subsection (4)(a) and section 121, a relevant criminal offence is—
a
in the case of a conviction by a court in the United Kingdom, an offence in respect of which a custodial sentence was, or could have been, imposed, or
b
in the case of a conviction by a court elsewhere, an offence in respect of which, had the offence been committed in England and Wales a custodial sentence could have been imposed.
6
In subsection (5) “custodial sentence” has the meaning given by section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6).
I4121Direct referral to a fitness to practise panel
A person giving preliminary consideration to a matter must refer it directly to a fitness to practise panel—
a
if the matter relates to the conviction of a registered person for a relevant criminal offence (see section 120(5)), and
b
in such other circumstances as may be specified by SCW in rules.
I5122Notice: ineligibility for onward referral
1
This section applies where a person giving preliminary consideration to a matter determines that the matter is not eligible for onward referral under section 120(1).
2
SCW must give notice of the determination to the relevant persons, unless SCW thinks that it is not in the public interest to do so.
3
For the purposes of subsection (2) “the relevant persons” are—
a
the registered person to whom the matter relates, and
b
where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation.
4
SCW may give notice to any other person that a matter is not eligible for onward referral where it is satisfied that it is in the public interest to do so.
5
SCW may by rules make provision about—
a
the content of a notice under this section, and
b
the procedure for giving notice.
I6123Notice: onward referral
1
This section applies where, on conclusion of a preliminary consideration under section 119, a matter is referred—
a
to a fitness to practise panel under section 121, or
b
for investigation under section 125.
2
SCW must give notice to—
a
the registered person to whom the matter relates;
b
where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation;
c
each person by whom, to the knowledge of SCW, the registered person is employed as a social care worker;
d
each person who, to the knowledge of SCW, has an arrangement with the registered person for the registered person to provide services to a third party in his or her capacity as a social care worker;
e
such other persons as may be prescribed.
3
SCW must by rules make provision about giving notice under subsection (2).
4
The rules may, in particular, make provision about—
a
the content of a notice;
b
the procedure for giving notice;
c
the period within which notice must be given.
I7124Notice: referral to an interim orders panel
Where a person refers a matter to an interim orders panel under section 118(2)(b) or 119(2) SCW—
a
must give notice of the referral to—
i
the registered person to whom the matter relates, and
ii
where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation, and
b
may give notice of the referral to any other person if SCW thinks it is in the public interest to do so.