The Social Workers Regulations 2018

Refusal, and withdrawal, of approval E+W

23.—(1) Subject to paragraph (2), the regulator may refuse to approve, or withdraw approval of a course of initial education or training, a qualification, a test of knowledge of English, or an AMHPs course falling within regulation 20(1), where—

(a) the relevant institution in relation to that course, qualification, or test—

(i) fails to respond to a request for information made under regulation 20(5) within the period specified in the request,

(ii) fails to comply with a condition imposed pursuant to regulation 22(4) by the time specified in the notification, or at all, or

(b) the regulator is satisfied on the basis of evidence obtained under regulations 20 or 22, or following an inspection, that the course, qualification, or test, does not meet the criteria for approval.

(2) Before refusing or withdrawing approval under paragraph (1), the regulator must—

(a) notify the institution concerned, setting out its reasons, and

(b) inform the institution of the period within which it may make observations on the matters raised,

and the regulator must take no further steps to refuse or withdraw approval before the end of the period specified under sub-paragraph (b).

(3) If, taking into account the matters referred to in paragraph (1), and any observations received from the institution concerned, the regulator determines that it is appropriate to refuse to approve, or to withdraw approval, the regulator must notify the institution of that decision and the reasons for it.

(4) The decision under paragraph (3) has effect from such date as is specified in the decision.

(5) The refusal to re-approve, or withdrawal of approval of, a course of initial education or training, a qualification, or a test of knowledge of English, does not affect the entitlement of any person to be registered on the basis of—

(a) an award to them of that qualification,

(b) an award to them of a qualification in connection with that course of education or training, or

(c) a determination that they have the necessary knowledge of English following that test,

made before the date on which the decision under paragraph (3) has effect.

(6) Where—

(a) rules made under regulation 9(6)(b) provide that the award of a qualification in connection with a course other than one mentioned in paragraph (5)(b) is relevant for the purposes of regulation 12(1) (annotation of entries in the register), and

(b) that qualification has been approved under the education and training approval scheme,

the refusal to re-approve, or withdrawal of approval of, that course does not affect any entitlement of a registered social worker to have their entry in the register annotated with an award of that qualification made before the date on which the decision under paragraph (3) has effect.

Modifications etc. (not altering text)

C1 Regs. 21-24 excluded in part (2.12.2019) by The Children and Social Work Act 2017 (Transitional and Savings Provisions) (Social Workers) Regulations 2019 (S.I. 2019/1140), regs. 1, 12(3)(d); S.I. 2019/1436, reg. 2(b)