Consultation on adjudicator consensual disposal guidance

• Introduction
• Why are we introducing this guidance?
• A summary of the proposed guidance
• How we are consulting
• How to respond
• Frequently asked questions

Introduction

As the regulator of social workers in England, our overarching objective is to protect the public. One of the ways in which we do this is through our fitness to practise process. When we say that a social worker is ‘fit to practise’ we mean that they have the skills, knowledge, character and health to hold registration and practise their profession safely and effectively without restriction. 

If we receive a concern that raises doubts about whether a social worker should be allowed to continue to practise as a registered professional, we can investigate. If we decide that a social worker’s fitness to practise is impaired, it means that we have identified serious concerns about (either of the following):

• the suitability of their character
• their ability to practise safely and effectively

This may mean that we need to restrict a social worker’s right to practise or, in particularly serious cases, issue an order which removes a social worker’s right to practise. This could be for a short period, on a longer-term basis, or in the case of removal, indefinitely.

Our fitness to practise processes must be fair and proportionate. To help strengthen our approach, we have reviewed our case resolution processes. As a result, we intend to introduce an adjudicator consensual disposal process for cases that have progressed to the final hearing stage. The adjudicator consensual disposal process will allow the adjudicators and social workers, in suitable cases, to arrive at an agreed outcome without the need for a disputed final hearing. [1]

We are confident that this addition to our fitness to practise processes will be welcomed. While it does not require any amendments to our legislation, we have launched this consultation to:

• seek feedback on the clarity and accessibility of the accompanying guidance
• better understand the impact it may have on groups with protected characteristics 

We are not consulting on whether to introduce this process, or on the merits of the process itself.

Before responding to this consultation, please read the proposed adjudicator consensual disposal guidance.

[note 1] A “disputed hearing” is a fitness to practise final hearing, where the adjudicators will be required to scrutinise all evidence, including live evidence, hear submissions and make decisions on facts, grounds, impairment and, if necessary, sanction.

Why are we introducing this guidance?

We are introducing this new guidance to support (all of the following):

• social workers and their representatives
• the adjudicators
• legal advisers
• other stakeholders

This guidance is to assist with understanding and navigating the adjudicator consensual disposal process once it is implemented.

In cases where it is appropriate, adjudicator consensual disposal will have several benefits (all of the following):

• It avoids a disputed hearing, which may reduce the stress of a fitness to practise hearing on the social worker.
• It means that witnesses are not required to attend the hearing to give live evidence, reducing stress and inconvenience for them.
• Successful consensual disposal hearings would be shorter, enabling cases to be concluded more quickly.
• By avoiding unnecessary disputed hearings, we would be able to release resources for use in other cases.

We believe the introduction of an adjudicator consensual disposal process will improve the fairness and proportionality of our fitness to practise process, and increase confidence in the way we regulate. Feedback from stakeholders, including representative bodies, has been in favour of us exploring the use of adjudicator consensual disposal. Its introduction demonstrates that we are using all regulatory tools available to ensure we have a fair and proportionate fitness to practise process, that upholds the protection of the public and uses our resources in the most effective way.

A summary of the proposed guidance

Adjudicator consensual disposal is a process where Social Work England and the social worker (or their representative, if they have one) seek to conclude a case without the need for a disputed hearing. Social Work England and the social worker (the ‘parties’) may propose an adjudicator consensual disposal to the adjudicators if the parties have reached an agreement on (both of the following):

• the facts of the case (including the social worker’s impairment)
• the potential sanction

The adjudicators can then choose to accept or reject the proposal at a consensual disposal hearing.

This guidance does not affect the adjudicators’ powers, or the range of sanctions available to them. Adjudicator consensual disposal will not be appropriate in all cases. This process is consensual and where a social worker does not agree to the terms, the process will end.

We have developed new guidance for (all of the following):

• social workers and their representatives
• the adjudicators
• legal advisers
• other stakeholders

This guidance is to assist with:

• understanding and navigating the adjudicator consensual disposal process enabling its implementation

This guidance is split into the following sections.

What is adjudicator consensual disposal?

An introductory section that:

• explains what adjudicator consensual disposal is
• sets out the broad principles behind the process
• outlines how it interacts with the adjudicator’s existing powers

Requirements for adjudicator consensual disposal

This explains:

• the stage of the fitness to practise process at which adjudicator consensual disposal can be proposed
• what evidence must have been obtained and shared with the social worker before adjudicator consensual disposal can be considered
• what the social worker must agree to for adjudicator consensual disposal to be taken forward

What are the benefits of adjudicator consensual disposal?

This explains how adjudicator consensual disposal can help social workers, witnesses, and Social Work England.

Procedure for applying for adjudicator consensual disposal

This outlines the:

• key steps in the process
• responsibilities of the various parties
• available sanctions that can be proposed
• purpose and content of the consensual disposal agreement document

Adjudicator consensual disposal hearings

This explains what all parties can expect from an adjudicator consensual disposal hearing, including:

• who must attend
• who can attend if they wish
• what their responsibilities are
• how decisions are made during the hearing
• what happens if the adjudicator consensual disposal proposal is accepted by the adjudicators
• what happens if the adjudicator consensual disposal proposal is not accepted or rejected by the adjudicators

Relisting the case for a final hearing

This explains what happens in the event that an adjudicator consensual disposal is rejected by the adjudicators.

How we are consulting

We want to hear from people who may be impacted by the proposed guidance. We will be promoting the consultation on our communication channels with information available on our website. 

We want to reach out to everyone with an interest in social work, including:

• social workers
• employers of social workers
• our fitness to practise partners including adjudicators and legal advisers
• organisations representing the interests of social workers
• people with lived experience of social work
• people providing, assessing, or funding education and training for social work students and prospective social workers

Consultation questions

1. To what extent do you agree that the following groups will find this guidance clear in outlining the process:

• social workers
• witnesses
• members of the public  
• the adjudicators 

Please give reasons for your answers.

2. To what extent do you agree with the following statement: 'The language in the guidance is appropriate and easy to understand'? Please give reasons for your answers.

3. Do you think that this guidance could have a positive or negative impact on people with the 9 protected characteristics listed in the Equality Act (2010) (any of the following):

• age
• disability
• gender reassignment
• race
• religion or belief
• sex
• sexual orientation
• marriage and civil partnership
• pregnancy and maternity

Please give reasons for your answers.

If you would like a copy of the questions by email, please contact us at consultation.responses@socialworkengland.org.uk. 

How to respond

The consultation period is 8 weeks. Please complete the survey or return your response by 11.59pm on Monday 15 December 2025.

You can also respond to this consultation via our survey. You can also respond by email to consultation.responses@socialworkengland.org.uk.

If you need any reasonable adjustments to help you respond, please contact us at consultation.responses@socialworkengland.org.uk.

Following the consultation period, we will publish a consultation response along with the final guidance on our website.

Respond to the consultation