The General Social Care Council (Transfer of Register and Abolition—Transitional and Saving Provision) Order of Council 2012

EXPLANATORY NOTE

(This note is not part of the Order)

The General Social Care Council (“GSCC”), which regulates the profession of social worker in England, is to be abolished on 1st October 2012 by section 212(1) of the Health and Social Care Act 2012. Before that, on 1st August 2012, the register of social workers maintained by the GSCC is to be transferred to a body to be re-named on that date the Health and Care Professions Council (“HCPC”) (before that it is known as the Health Professions Council).

This Order makes provision for the transfer to the HCPC of the GSCC’s register of social workers and certain other matters arising out of that and from the abolition of the GSCC.

Article 3 of the Order provides in general terms for anything done by, to or in relation to the GSCC so far as relating to the statutory regulation of social workers in England is, where appropriate, to be treated from 1st August 2012 as done by, to or in relation to the HCPC. Article 3 also requires the HCPC and the GSCC to cooperate in connection with setting up the new arrangements.

Article 4 provides for the transfer on 1st August of the GSCC register to the HCPC. Paragraph (5) makes it possible for an allegation that an entry in the GSCC register was fraudulently procured or incorrectly made to continue to be investigated by the HCPC.

Articles 5, 6, 7 and 8 deal with four special cases. If a social worker’s registration in the GSCC register was subject to conditions, article 5 provides for those conditions to be carried over to the HCPC register when the social worker becomes registered with the HCPC. Article 6 makes corresponding provision in relation to a social worker with a record of an admonishment, and article 7 provides for a social worker suspended by the GSCC to continue to be suspended when registered with the HCPC. Article 8 relates to a social worker subject to a barring order, preventing the social worker from applying for restoration to the register, and converts the GSCC’s barring order into the HCPC’s equivalent. In each case the HCPC will then be able to deal with the matter under its own procedures.

Article 9 provides for proceedings pending before one of the GSCC’s disciplinary committees, or outstanding allegations against a social worker which have yet to be investigated, to be dealt with from 1st August 2012 as the HCPC considers just.

Articles 10 and 11 deal with outstanding applications to join the register, for renewal of registration or for restoration to the register. From 1st August these applications are to be dealt with as if they were applications to the HCPC. A social worker who was struck off before 1st August 2012 may apply to the HCPC for restoration to the HCPC’s register. Any pending proceedings are to be concluded as the HCPC considers just.

Article 12 preserves the right of appeal against a pre-1st August 2012 GSCC decision. The appeal lies to the Tribunal. Article 13 provides that any question as to a social worker’s conduct or practice before 1st August 2012 is to be judged from that date by the same standards as applied before.

Article 14 converts standards, qualifications, courses, training and continuing professional development approved before 1st August 2012 by the GSCC into the equivalent for the HCPC. The HCPC is empowered after that to make its own judgments about any approval inherited from the GSCC.

Article 15 provides for complaints about the GSCC made to the Ombudsman before 1st August 2012 to continue to be investigated, despite the abolition of the GSCC on that date. Any such complaint is to be treated as if it were against the Department of Health.

Article 16 provides that any person who is the chair or a non-executive member of the Council for Healthcare Regulatory Excellence and who is also a social worker may continue in office or be re-appointed for one more term after the register of social workers transfers to the HCPC. Without this provision, a social worker in such a position would be disqualified from membership of the Council.

An impact assessment has not been produced for this instrument as the Order itself has no impact on the private sector or civil society organisations. A full impact assessment has been produced in relation to the provisions of the Health and Social Care Act 2012, and a copy is available athttp://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_123583