The Social Workers Regulations 2018

Interim orders E+W

11.—(1) 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, where they—

(a) have not yet made a determination under paragraph 12(1) or (3), or

(b) are making a final order under paragraph 12(3)(b).

[F1 (2) The adjudicators may not make an interim order under sub-paragraph (1)(a) unless the conditions in sub-paragraphs (2A) and (2B) have been complied with.

(2A) The condition in this sub-paragraph is that the regulator has first informed the social worker—

(a) that an interim order may be made, and

(b) of the reasons why it considers that an interim order may be necessary for the protection of the public or in the best interests of the social worker.

(2B) The condition in this sub-paragraph is that the regulator has given the social worker the opportunity—

(a) to make written submissions, or

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

(2C) An interim order made under sub-paragraph (1) takes effect from the date on which it is made notwithstanding any appeal against the order.]

(3) An interim order 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) in the case of an interim order referred to in sub-paragraph (1)(a), when the adjudicators determine that the social worker's fitness to practise is not impaired,

(b) in the case of an interim order referred to in sub-paragraph (1)(b)—

(i) where there is no appeal against the final order, when the period for appealing expires, or

(ii) where there is an appeal against the final order, when the appeal is withdrawn or otherwise finally disposed of.

[F2 (3A) Where the adjudicators make an interim order under sub-paragraph (1), they must inform the regulator of the making of that order and its terms.]

[F3 (4) Where the regulator has been informed in accordance with sub-paragraph (3A), the regulator must—

(a) inform the persons specified in paragraph 8(4)(a)(ii) to (v) of the terms of the order, and

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

Textual Amendments

F1 Sch. 2 para. 11(2)-(2C) substituted for Sch. 2 para. 11(2) (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 7(2)

F2 Sch. 2 para. 11(3A) inserted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 7(3)

F3 Sch. 2 para. 11(4) substituted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 7(4)