The Social Workers Regulations 2018

PART 2 The regulator

Procedure for making rules

3.—(1) Any rules which the regulator(1) is required, or empowered, to make and revise under these Regulations must be made and revised in accordance with this regulation.

(2) Before making rules the regulator must—

(a) carry out a public consultation, unless the regulator considers that the content of the proposed rules is such that it would be inappropriate or disproportionate to do so,

(b) consult representatives of any group of persons who the regulator considers are likely to be affected by the proposed rules, including representatives of—

(i) registered social workers,

(ii) employers of registered social workers,

(iii) users of the services of registered social workers, and

(iv) persons providing, assessing or funding education and training for registered social workers and prospective registered social workers, and

(c) comply with paragraphs (3) and (4).

(3) Proposed rules must be submitted to the Secretary of State, and come into force—

(a) on such date, not less than 28 days after the proposed rules are submitted to the Secretary of State, as the regulator determines provided that the Secretary of State has not within that period of 28 days objected to them coming into force, or

(b) on such earlier date as the Secretary of State and the regulator may agree.

(4) The Secretary of State must consider any proposed rules(2) submitted pursuant to paragraph (3) and, if the Secretary of State objects to the rules coming into force—

(a) the Secretary of State must notify the regulator accordingly giving reasons,

(b) the regulator must modify the rules in light of the objection, but is not required to comply with paragraph (2) in respect of those modified rules if it considers that the modifications are minor, or not substantive, and

(c) the modified rules come into force on such date as the regulator determines.

(5) The regulator must comply with paragraphs (2) to (4) before revising rules, unless it considers that the revision is minor, or not substantive.

(6) Rules made under this regulation must be—

(a) in writing, and published together with an indication of the date on which they come into force,

(b) kept under review by the regulator,

and any revised rules must be published as soon as reasonably practicable.

Appointment and functions of advisers to the regulator

4.—(1) The regulator may appoint one or more individuals to—

(a) carry out the functions of adjudicators, case examiners, inspectors and investigators, and

(b) advise it on matters relating to its functions(3), and in particular to provide the regulator with information, specialist or expert advice, or recommendations.

(2) An individual appointed under paragraph (1) is referred to in these Regulations as an adviser.

(3) The regulator may establish such panels of advisers as it considers appropriate, and must make rules which make provision about—

(a) the establishment, and size, of panels of advisers,

(b) the selection and appointment of the chair of any panel of advisers.

(4) The regulator may make members of the regulator’s staff(4), facilities and other assistance available to advisers, in accordance with rules made under regulation 5(f).

(5) The regulator may decide the terms on which advisers may be appointed, provided that the regulator must obtain the approval of the Secretary of State for any terms relating to remuneration or pension arrangements.

(6) Any person appointed as an adviser—

(a) may not be a member of the regulator’s staff,

(b) must declare any conflict of interest to the regulator,

(c) holds office in accordance with rules made under regulation 5.

Rules relating to advisers

5.  The regulator must make rules in relation to advisers which make provision about—

(a) the process for the appointment, suspension, and removal of advisers,

(b) the appraisal of the performance of advisers,

(c) continuing professional development for advisers,

(d) an appeals process against the suspension and removal of advisers,

(e) the resignation of advisers,

(f) the provision of the regulator’s staff, facilities and other assistance to advisers,

(g) any other matter the regulator considers appropriate.

Information and advice

6.—(1) The regulator must publish information, and give advice, in relation to the regulator and the exercise of the regulator’s functions, in accordance with this regulation.

(2) The regulator must publish a document setting out how it will pursue its over-arching objective, and the objectives mentioned in section 37(2) of the Act(5) (the “strategic plan”).

(3) The strategic plan must, in particular—

(a) set out the steps the regulator will take to implement the strategic plan,

(b) take account of the Authority’s investigation and reporting arrangements, and any recommendations in relation to the performance of the regulator’s functions(6),

and must be published, and reviewed, at such intervals as the regulator considers appropriate.

(4) Any information or advice falling within paragraph (1), other than the strategic plan, must be—

(a) appropriate to registered social workers, persons providing, assessing or funding education and training for registered social workers and prospective registered social workers, employers of registered social workers, and the public,

(b) made available in such form, or forms, as the regulator considers appropriate,

(c) reviewed, and revised as necessary, at such intervals as the regulator considers appropriate, and any revision published as soon as reasonably practicable.

Duty to co-operate

7.—(1) The persons specified for the purposes of section 53(1)(d)(7) of the Act are—

(a) public bodies or other persons concerned with —

(i) the employment (whether or not under a contract of service) of social workers in England,

(ii) the education or training of social workers in England or health care professionals,

(iii) the regulation of, or the co-ordination of the regulation of, health care professionals,

(iv) the regulation of providers of health services,

(v) the provision, supervision or management of health or education services,

(vi) the inspection of education, social services or health care in England,

(vii) the regulation of social work in England, and

(viii) the provision, supervision or management of the services of persons engaged in social work in England,

(b) the National Health Service Commissioning Board established under section 1H of the National Health Service Act 2006(8),

(c) any clinical commissioning group established under section 14D of the National Health Service Act 2006(9),

(d) any NHS trust established under section 25 of the National Health Service Act 2006,

(e) any NHS foundation trust within the meaning given in section 30 of the National Health Service Act 2006(10),

(f) the Care Quality Commission established under section 1(1) of the Health and Social Care Act 2008(11),

(g) the Office for Standards in Education, Children’s Services and Skills established under section 112(1) of the Education and Inspections Act 2006(12),

(h) any local policing body and any chief officer of police, for a police area in England, within the meanings given in section 101(1) of the Police Act 1996(13),

(i) the Disclosure and Barring Service, within the meaning given in section 87(1) of the Protection of Freedoms Act 2012(14).

(2) For the purposes of paragraph (1), “health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 other than the regulator(15).

(1)

By virtue of section 36(1) and (2) of the Act a body corporate called “Social Work England” is established, and is referred to as “the regulator”.

(2)

By virtue of section 26A(1A) of the National Health Service Reform and Health Care Professions Act 2002, the Secretary of State may seek the advice of the Professional Standards Authority for Health and Social Care in considering proposed rules.

(3)

Paragraph 14 of Schedule 3 to the Act provides for the delegation of the regulator’s functions to any person (other than a person mentioned in paragraph 13 of that Schedule).

(4)

See further Schedule 3 to the Act, and in particular paragraphs 2, and 8 to 10, regarding members of the regulator, and the regulator’s staff.

(5)

Section 37(1) of the Act provides that the over-arching objective of the regulator in exercising its functions is the protection of the public. The objectives mentioned in section 37(2) are: (a) to protect, promote and maintain the health, safety and well-being of the public, (b) to promote and maintain public confidence in social workers in England, and (c) to promote and maintain proper professional standards for social workers in England.

(6)

See section 26(2) of the National Health Service Reform and Health Care Professions Act 2002, which empowers the Authority to investigate, and report on, the performance by the regulator of its functions, and to recommend changes to the way in which it performs any of its functions.

(7)

Section 53(1) provides that the regulator must, where appropriate, co-operate with (a) Social Care Wales, (b) the Scottish Social Services Council, (c) the Northern Ireland Social Care Council, and (d) any other person specified in regulations made by the Secretary of State.

(8)

2006 c. 41. Section 1H(1) was inserted by section 9(1) of the Health and Social Care Act 2012.

(9)

Section 14D was inserted by section 25(1) of the Health and Social Care Act 2012.

(10)

Section 30 was amended by section 159(1) of the Health and Social Care Act 2012.

(11)

2008 c. 14.

(12)

2006 c. 40.

(13)

1996 c. 16. The definition of “local policing body” was inserted by section 96(2)(a) of the Police Reform and Social Responsibility Act 2011 (c. 13). There are other amendments to section 101(1) but none is relevant.

(14)

2012 c. 9.

(15)

The bodies mentioned (other than the regulator) are the General Medical Council, the General Dental Council, the General Optical Council, the General Osteopathic Council, the General Chiropractic Council, the General Pharmaceutical Council, the Pharmaceutical Society of Northern Ireland, the Nursing and Midwifery Council, the Health and Care Professions Council, and any other regulatory body (within the meaning of Schedule 3 to the Health Act 1999 (c. 8)) established by an Order in Council under section 60 of that Act.