The Social Workers Regulations 2018

Interim orders

8.—(1) Where the case examiners consider an interim order may be necessary for the protection of the public or in the best interests of the social worker—

(a) they must notify the regulator accordingly,

(b) the regulator must appoint two or more adjudicators to consider whether to make an interim order in accordance with this paragraph.

(2) Subject to sub-paragraph (3), the adjudicators may make any interim order they consider is necessary for the protection of the public, or in the best interests of the social worker.

(3) The adjudicators may not make an interim order unless they have first informed the social worker of the proposed order and given them the opportunity—

(a) to make written submissions, or

(b) to attend before the adjudicators and be represented, in order to make oral submissions.

(4) Where they make an interim order under sub-paragraph (2) the adjudicators must—

(a) inform the following of the terms of the order—

(i) the regulator,

(ii) the social worker,

(iii) any person by whom the social worker is employed, or with whom they have an arrangement, to provide services as a social worker or in relation to social work (where known),

(iv) any regulatory body with which the social worker is registered (where known), and

(v) where the fitness to practise proceedings were instigated following a complaint against the social worker, the complainant, and

(b) notify the social worker of their right to appeal to the High Court under Part 5.

(5) An interim order may—

(a) suspend the social worker from practising (an “interim suspension order”), or

(b) impose a restriction or condition with which the social worker must comply (an “interim conditions of practice order”),

for such period, not exceeding eighteen months, as is specified in the order.

(6) An interim order made under sub-paragraph (2) ceases to have effect before the expiry of the period specified in the order, or such period as is substituted by the court pursuant to paragraph 14(3)(a) (as the case may be)—

(a) if the case examiners determine that there is no realistic prospect that adjudicators would determine that the social worker’s fitness to practise is impaired,

(b) following a fitness to practise hearing, if the adjudicators determine that the social worker’s fitness to practise is not impaired,

(c) where a case is disposed of under paragraph 9(3) by either of the means mentioned in paragraph 9(2)(a) or (b),

(d) where a final order is made in respect of the social worker—

(i) if there is no appeal against that order, when the period for appealing expires,

(ii) if there is an appeal against that order, when the appeal is withdrawn or otherwise finally disposed of, or

(e) where the social worker is removed from the register under regulation 26(5).