Care Council Fitness to Practise (FtP) panels: Hearings
The Care Council panels hold hearings to decide whether the allegation of impairment is proved and if so, what action to take. They also consider restoration to the Register where a person has previously been removed. The social worker can attend and be represented at these hearings.
The Conduct and Health Committees have the powers to impose three different sanctions:-
- Admonishment (a warning that is placed on the social worker’s record for up to 5 years)
- Suspension Order (up to a maximum of two years)
- Removal Order
The Health Committee Panels (HC)
Panels of the HC decide whether or not a social worker’s fitness to practise is impaired by physical or mental ill health and, if so, what is the appropriate sanction required to ensure the safety of the public.
HC hearings are held in private unless the Committee considers it is more appropriate to hold the hearing or any part of it in public. The Committee shall announce any decision in public.
Conduct Committee Panels (CC)
Panels of the CC consider allegations referred to them by the PPC or the HC. The panel will decide whether a registrant’s fitness to practice is impaired by reason of personal or professional misconduct or incompetence.
CC hearings are usually held in public. This means that members of the public can attend. The hearings are sometimes held in private due to the confidential information involved.
Interim order hearings
The Preliminary Proceedings Committee (PPC) has the power to make an interim suspension order while a case is being investigated and awaiting a final decision. The social worker can attend and be represented. The initial interim suspension order cannot be issued for more than six months duration. When the PPC decides to impose a further interim suspension order, it cannot exceed two years, including the original Order.
Appeals – 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.
Restoration Committee
If the social worker has been struck off the Register, the Applicant can apply for restoration after a period of 3 years. Only one application can be made in any 12 month period. When the Committee has refused a restoration application for the second time, it can impose a Barring Order that will remove the Applicant’s right to make any further restoration applications indefinitely.
If the social worker has a Removal Order from the CC then the RC hearing is usually conducted in public. If the social worker has a Removal Order from the HC then the RC hearing is conducted in private.
When considering allowing the Applicant back on the Register, the RC has the option to impose conditions for up to three years.
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