General Social Care Council Hearings
Legal Representation at GSCC Committee Hearings
If a case reaches committee stages the Social Worker can attend through legal representation. We have experience of attending such hearings. We also have access to experienced advocates who are specialists in this field.
Preliminary Proceedings Committee (PPC)
This will decide whether to impose an Interim Suspension Order (ISO). A Social Worker will be referred to this committee if it is felt that:
(a) it is necessary for the protection of members of the public; and/or
(b) otherwise in the public interest; and/or
(c) it is in the interest of the registrant concerned.
These orders are usually made for 3 or 6 months and can be reviewed on expiry to see if they should be extended or revoked. The ISO hearing is usually held in private but can be held in public upon request.
The PPC hearing will generally last half a day. It is not designed to look in-depth at the issues but takes a surface level analysis. The burden is very much against the Social Worker and the onus is on the Social Worker to show why they should not have an ISO placed upon their registration.
Conduct Committee
This hearing is usually held in public and uses the civil standard of proof (i.e. on the balance of probabilities). The Conduct Committee can decide to either remove the Social Worker from the Social Care Register, i.e. preventing them from working as a Social Worker or suspend the Social Worker from the Social Care Register for a period not exceeding 2 years. They will therefore be prevented from working as a Social Worker for the period of suspension. They are also able to issue the Social Worker with admonishment (caution) for a period of up to 5 years. They also have the power to decide to issue no sanction.
The employment team at Neumans LLP has full experience of the conduct process and of GSCC hearings. We have been involved in high profile and politically sensitive matters involving the GSCC. We have a full working knowledge of the conduct rules that govern the process.
Right of Appeal – Care Standards Tribunal
There is a right of appeal of Committee decisions to the Care Standards Tribunal (CST). The CST was established by the Protection of Children Act 1999 (PoCA 1999). The CST is the correct forum for appealing decisions of the General Social Care Council and the Care Council Wales in respect of the registration of Social Workers and the registration of social care workers.
Full legal representation is allowed for CST hearings.
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