The Children and Social Work Act 2017 (Transitional and Savings Provisions) (Social Workers) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 2 of the Children and Social Work Act 2017 (“the Act”) made changes to the way in which social workers in England are regulated. In particular, the Act established a body corporate, Social Work England (“SWE”), as the regulator of social workers in England in place of the Health and Care Professions Council (“HCPC”), and made provision for various functions related to the regulation of social workers to be transferred to SWE.

The Social Workers Regulations 2018 (S.I. 2018/893) (“the Principal Regulations”) are made under Part 2 of the Act and set out the detail of SWE’s functions in relation to social workers in England. These Regulations, which come into force at the same time as the Principal Regulations, make transitional and savings provisions which are necessary to facilitate the transfer of functions from the HCPC to SWE.

Section 39(1) of the Act transfers to SWE the function of maintaining the register of social workers in England. Part 2 of these Regulations makes transitional provision in connection with that transfer of functions. It provides for: the transfer of the registration of any person who was registered as a social worker in the register maintained by the HCPC under the Health and Social Work Professions Order 2001 (S.I. 2002/254) (“the 2001 Order”) immediately before the coming into force of section 39(1); the way in which outstanding registration applications are to be dealt with by SWE; and the way in which outstanding appeals against registration decisions are to be dealt with.

Sections 43(3) and 48 of the Act provide for the transfer to SWE of the function of approving courses of education and training for social workers and approved mental health professionals. Part 3 of these Regulations makes transitional provision in connection with that transfer of functions, by providing that any course which was approved immediately before the transfer of functions is deemed to be approved by SWE.

Section 44(1) of the Act transfers to SWE the function of protecting the public from social workers in England whose fitness to practise is impaired. Part 4 of these Regulations makes transitional provision relating to fitness to practise proceedings and sanctions under the 2001 Order in connection with that transfer of functions. In particular it provides for any fitness to practise sanction imposed under the 2001 Order to continue to have effect after the transfer of functions, and for the disposal of fitness to practise proceedings which are commenced, but not finally disposed of, before the transfer of functions.

Section 56 of, and Schedule 4 to, the Act provide for the Professional Standards Authority for Health and Social Care (“the PSA”) to have the function of overseeing SWE as the regulator of social workers in England. Part 5 of these Regulations makes transitional provision in relation to any disciplinary decisions made by the HCPC as regulator of social workers in England before the transfer of that function, and which may be referred to the court by the PSA.

Part 6 of these Regulations contains saving provisions to enable the HCPC to retain conduct of certain fitness to practise proceedings where a hearing has begun, but the matter has not been determined, on the date that these Regulations and the Principal Regulations come into force. It also provides for the offences provision in the 2001 Order to continue to have effect in relation to any offence (such as falsely claiming to be registered as a social worker in the register maintained by the HCPC) committed, or alleged to have been committed, before that date.

A full impact assessment has not been produced for this instrument. A full impact assessment of the effect that the Principal Regulations will have on the costs of business, the voluntary sector and the public sector is available from the Department for Education, Sanctuary Buildings, 20 Great Smith Street, London SW1P 3BT.