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).