PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE

CHAPTER 2PRELIMINARY PROCEDURES

Preliminary consideration of allegations etc.

I1119Preliminary 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.