PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE

CHAPTER 2PRELIMINARY PROCEDURES

Preliminary consideration of allegations etc.

I1120Eligibility 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).