PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE

CHAPTER 2PRELIMINARY PROCEDURES

Review

132Cancellation of referral to fitness to practise panel

1

This section applies where a matter has been referred to a fitness to practise panel under section 121 or 126(2) or to an interim orders panel under section 118(2)(b), 119(2) or 125(2) and—

a

SCW no longer thinks that there is a realistic prospect that the panel will find that the registered person’s fitness to practise is impaired, or

b

SCW otherwise thinks that it is no longer appropriate for the registered person to be subject to fitness to practise proceedings under this Part.

2

SCW may—

a

determine that the fitness to practise panel or interim orders panel may not commence or continue proceedings in respect of the matter, or

b

determine that the fitness to practise proceedings may only commence or continue in respect of such particulars of the matter as SCW may specify.

3

Where SCW makes a determination under subsection (2) it may refer the matter, or specified particulars of the matter, for investigation under section 125.

4

SCW must give notice of a determination under subsection (2) to—

a

the registered person to whom the matter relates,

b

where an allegation has been made, the person who made the allegation, and

c

any person to whom notice of the referral was given under section 123(2)(c), (d) or (e) or 127(3).

5

The notice must include the reasons for the determination.

6

SCW must by rules make provision about the procedure for exercising its functions under this section; in particular, provision about—

a

the procedure to be followed in making a determination under subsection (2), and

b

the content and timing of a notice under subsection (4).