The Social Workers Regulations 2018

Commencement of hearing procedure

10.—(1) This sub-paragraph applies where a case has not been disposed of under paragraph 9(3) and the case examiners determine that—

(a) there is a realistic prospect that adjudicators would determine that the social worker’s fitness to practise is impaired, and

(b) it would be in the public interest for the case to proceed to a fitness to practise hearing.

(2) Where sub-paragraph (1) applies—

(a) the case examiners must inform the regulator, and

(b) the regulator must appoint two or more adjudicators (who may be the adjudicators appointed under paragraph 8(1)(b), if any) to conduct a fitness to practise hearing in accordance with this Part.

(3) Any step in the fitness to practise hearing must be taken within such period as is specified in rules made under regulation 25(5)(b), or such longer period as the adjudicators may determine.

(4) The adjudicators must—

(a) notify the social worker, and where relevant the complainant, that they will conduct a fitness to practise hearing to determine whether the social worker’s fitness to practise is impaired,

(b) invite the social worker to make written submissions, and

(c) inform the social worker that they may—

(i) attend the hearing, and be represented,

(ii) make oral submissions,

(iii) call witnesses.

(5) At any time before the adjudicators make a determination under paragraph 12(1) or (3) they may require the investigators to obtain, and supply to them, further information or submissions relevant to the fitness to practise hearing, provided that paragraph 5(2) and (3) applies to the provision of information under this sub-paragraph.