Consultation on amendments to our rules

Published: 3 March 2022

Introduction
A summary of the proposed changes
How we are consulting
Consultation questions
How to respond
List of rule amendments
Glossary of terms

Introduction

The first 2 years of our regulation have involved a period of intense activity in unexpectedly challenging circumstances. In this time, we have learned and reflected on our work and tested our legislative framework. We have collated learning where it relates to our regulations and rules and begun the process of proposing amendments to them. This consultation sets out some of those amendments.

This consultation relates only to amendments to rules, and only those rules which do not require amendments to our regulations first. Our regulations, the Social Workers Regulations 2018, set out how we perform our regulatory functions. Our rules set out what people can expect from us across appointments, registration, education and training, and fitness to practise.

We will consult on further amendments to our rules, following the Department for Education’s consultation on our regulations later this year.

A summary of the proposed changes

This consultation proposes changes to our:

fitness to practise rules
registration rules
removal from the register and registration appeals rules
fees rules

We have summarised the key amendments here.

Amendments proposed simply to make the rules clearer or ensure that they better align with our other rules and our regulations are not included in this summary. All the proposed changes can be found in the table below, which provides more detail on why we are proposing the amendments and what they do.

In the fitness to practise rules, we propose to:

Increase the time period for investigators to notify social workers they are under investigation from 7 to 14 calendar days (rule 8(a))
Include a requirement as to when notice of a review hearing (when an existing interim or final conditions of practice or suspension order is reviewed to ensure it is still appropriate) should be served on a social worker (not less than 28 calendar days) (rule 16(b))
Provide provisions that set out the details of the hearing process and what the applicant and regulator may or may not do when restoration to the register is sought after a removal order (rule 20(2))
Enable both the regulator and the adjudicators to decide whether an application for restoration after a removal order can be determined by way of a meeting (instead of a hearing) (rule 22)
Extend the current 56 day timeframe for adjudicators to determine restoration applications to 84 days (rule 23)
Add new rules to provide a method to close a case, or part of a case, following the determination of the case examiners when new information becomes available which means that there is no longer a realistic prospect of those allegations being found proved (rules 27(j) and 52)
Allow the regulator to set and publish eligibility criteria for legal advisers outside of the rules, instead of the requirements being in the rules (rule 33)
Enable the regulator to take account of previous criminal convictions when considering a social worker’s previous history (rule 35(a))
Add new rules confirming the evidence that may be presented to prove a criminal conviction (rule 35A)
Extend the provision for the social worker to have legal representation to include chartered legal executives (rule 40A)
Extend the provisions for service of documents to include courier and personal service (rule 40)
Add new rules to set out the procedure to be followed in respect of a social worker’s duty to provide information to the regulator under Regulation 16 of the Social Workers Regulations 2018, including the procedure for suspending or removing a social worker who fails to comply (rules 35A, 51 and 52)

In the registration rules, we propose to:

Remove the prohibition on registration for offences committed outside England or Wales (rule 13), to ensure it is compliant with our regulations
Harmonise the requirements for restoration and registration after a period away from practice or education, by adding a requirement to demonstrate relevant additional education or training (30 days of updating skills, knowledge and experience) where qualifications were awarded 2 to 5 years before application to the register, or where it has been 2 to 5 years since the applicant was last registered (rules 14(2)(b) and 59(1)(e))
Impose a timeframe of 28 calendar days within which an applicant must provide any further information or evidence requested by the regulator in support of a registration application (rule 24(2))
Allow an application to be closed upon expiry of the relevant timeline (28 calendar days) if an applicant has failed to provide relevant information (rule 26A)
Allow annotations on a social worker’s entry in the register to be removed at the social worker’s request (rule 44(b))
Provide more detailed rules for restoration applications (rules 59(1)(d) to 59(1A) and 60A to 60E)
Place a time limit of 12 months within which updating skills, knowledge and experience prior to an application to join the register must have been completed, in order to ensure an applicant’s knowledge and training is reasonably recent and up to date (rule 59(1A))

In the removal from the register and registration appeals rules, we propose to:

Allow the regulator to set and publish eligibility criteria for legal advisers outside of the rules, instead of the requirements being in the Rules (rule 14A)
Reduce the 28 day objection period (to an application being decided by meeting instead of hearing) to 14 calendar days to avoid unnecessary delays to the process (rule 15(4))
Increase the decision outcome period from 60 to 80 working days, to provide a more realistic timeframe for scheduling or determining appeals (rule 20(1))
Add new rules confirming the evidence that may be presented to prove or rebut a criminal conviction (rule 22A)
Extend the provisions for service of documents to include courier and personal service (rule 23)

Legally qualified chairs

Rule 33 of the fitness to practise rules allows us to use legally qualified chairs in our fitness to practise proceedings. We have not yet used this power.

Our panels are currently made up of either 2 or 3 adjudicators but they always include, as a minimum, a social worker and someone who chairs the proceedings. The chair will work with a social worker adjudicator in 2 person panels, or a social worker and lay adjudicator in 3 person panels.

Additionally, all of our adjudication panels are supported by an experienced lawyer as a legal adviser, who does not take part in decision making but advises the panel on points of law and process.

If we were to use legally qualified chairs, this would change the composition of our adjudication panels as follows.

The chair will be legally qualified rather than a lay adjudicator
The legally qualified chair will replace the role of the legal adviser at our hearings. This means that they would chair proceedings, be part of the decision making process and give advice to other adjudicators

We would like to seek your views on how and when we should use legally qualified chairs in our fitness to practise meetings and hearings.

How we are consulting

Our regulations require us to consult when we make substantive amendments to our rules (Social Workers Regulations, regulation 3(5)). We also want to hear from those who may be impacted by the amendments. We will be making this information accessible via our website and promoting the consultation on our channels.

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

social workers,
employers of social workers,
organisations representing the interests of social workers,
people with lived experience of social work, and
people providing, assessing, or funding education and training for social work students and prospective social workers.

Consultation questions

Do you think the changes to the rules we have proposed will streamline our processes and are proportionate?
Do you think there are any other amendments to Social Work England’s rules (which do not also require amendments to our regulations) that could be made to better support our regulatory processes?
To what extent do you agree that using legally qualified chairs will streamline and better support our fitness to practise meetings and hearings?
Do you think we should appoint legally qualified chairs for all meeting or hearings, or should this be reserved for certain types of meeting/hearings?
Do you think there is anything else we should consider when using our power under rule 33?
Do you think that the changes to the rules could impact any persons with a protected characteristic? If so, is it positively, or negatively, and how? The Equality Act (2010) lists nine protected characteristics: age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity.
Any other comments you might have.

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 12 weeks and will end on 26 May 2022. Please return your response by 12pm midday on 26 May 2022.

Following the consultation period, we will publish a consultation response along with the final rules.

You can respond to this consultation via our consultation email address consultation.responses@socialworkengland.org.uk

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

The consultation has now closed.

Removal from the register and registration appeals rules

We have recently consulted on making some changes to our remote hearings powers, which included some changes to how notices of hearing are served and who can represent applicants and social workers. At the time of writing, we have not published a response to that consultation. As a result, the fitness to practise rules and removal from the register and registration appeals rules referred to in this document do not include any changes coming out of that previous consultation.

Rule	Amendment	Purpose
Rule 4(2) The recipient of a request made under paragraph (1) must respond within 28 calendar days of service (and rule 22 shall apply).	Amendment 4(2) The recipient of a request made under paragraph (1) must respond within 28 calendar days of service (and rule 23 shall apply).	Purpose To replace incorrect reference to ‘rule 22’ with ‘rule 23’.
Rule 6(1) Where the regulator is minded to remove a registrant’s entry in the register in accordance with regulation 14(1), other than 14(1)(c) and 14(1)(g), or in accordance with rule 63(2) of The Social Work England (Registration) Rules 2019, the regulator must: (b) inform the registrant that they have 28 calendar days from the date of service to make representations against the removal (and rule 23 shall apply);	Rule 6(1) Where the regulator is minded to remove a registrant’s entry in the register in accordance with regulation 14(1), other than 14(1)(c) and 14(1)(g), or in accordance with rule 63(2) of The Social Work England (Registration) Rules 2019, the regulator must: (b) inform the registrant that they have 28 calendar days from the date of service to make representations against the removal (and rule 23 shall apply);	Purpose To replace incorrect reference to ‘rule 22’ with ‘rule 23’.
Rule 14. When appointing the adjudicators, the regulator must: (2) Appoint a solicitor or barrister of not less than 10 years standing to act as a legal adviser.	Amendment 14. When appointing the adjudicators, the regulator must: (2) Appoint a legal adviser. 14A. The regulator must set and publish the criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment under sub-paragraph (b) above.	Purpose The current wording does not allow for Chartered Legal Executives to be appointed as legal assessors. By amending rule 14(2) to remove reference to only solicitors and barristers and including a new rule 14A enabling Social Work England to set the eligibility criteria for legal advisors outside of the rules, the regulator will have more flexibility to extend the criteria to include Chartered Legal Executives and the ability to update the criteria to adapt to any changes to the legal profession going forwards.
Rule 15(4) If adjudicators propose to dispose of an appeal without a hearing, the appellant must be notified. If the appellant wishes to request a hearing, they must do so within 28 calendar days of receipt of the notification. A hearing must be held if the appellant requests one within this timescale.	Amendment 15(4) If adjudicators propose to dispose of an appeal without a hearing, the appellant must be notified. If the appellant wishes to request a hearing, they must do so within 14 calendar days of receipt of the notification. A hearing must be held if the appellant requests one within this timescale.	Purpose When an appellant submits an appeal, rule 12(2) requires the appellant to state whether they request that the appeal is considered at an oral hearing. Rule 15(4) provides the appellant a further 28 days to request a hearing, beyond the original requirement when they submit an appeal. We propose to reduce the period within rule 15(4) from 28 to 14 days, reducing unnecessary delays in the appeal being considered.
Rule 16. Where a hearing is held, the appellant and the regulator may: (2) Be represented at the hearing by a solicitor or counsel or, in the case of the appellant:	Amendment 16. Where a hearing is held, the appellant and the regulator may: (2) Be represented at the hearing by a solicitor or barrister registered in the UK, or a Chartered Legal Executive, or in the case of the appellant:	Purpose Rules 16 does not currently allow for parties to be represented by Chartered Legal Executives. An amendment is proposed to enable Chartered Legal Executives to represent the parties, ensuring consistency with the proposed changes to the eligibility criteria for legal advisers at rule 14(2) above. Additionally, an amendment is required to make clear that the legal representative can be from any country in the UK.
Rule 19(2) Where a hearing is postponed the appellant shall be sent notice of the date on which the postponed hearing will be held. (3) The date for a postponed hearing shall not be fixed for any date before the end of the period of 14 calendar days beginning with the day on which the notice referred to in paragraph (2) is sent to the appellant.	Amendment 19(2) Where a hearing is adjourned or postponed the appellant shall be sent notice of the date on which the adjourned or postponed hearing will be held. (3) The date for an adjourned or postponed hearing shall not be fixed for any date before the end of the period of 14 calendar days beginning with the day on which the notice referred to in paragraph (2) is sent to the appellant.	Purpose Amendments are required to include reference to adjourned hearings in addition to postponed hearings, to mirror reference to adjourned hearings in rule 19(1).
Rule 20(1) The adjudicators must determine the outcome of the registration appeal as soon as practicable and in any event within 60 working days of the appeal being received by the regulator.	Amendment 20(1) The adjudicators must determine the outcome of the registration appeal as soon as practicable and in any event within 80 working days of the appeal being received by the regulator.	Purpose The current timeline of 60 days to conclude appeal hearings is not feasible, so an increase to 80 days will provide clarity and realistic expectations for appellants.
Rule N/A	Amendment 22A(1) Where a registrant or applicant has been convicted of a criminal offence: (i) a copy of the certificate or memorandum of conviction, certified by a competent officer of a Court in the United Kingdom or, in Scotland, an extract conviction, shall be conclusive proof of the conviction. (ii) the findings of fact upon which the conviction is based shall be admissible as proof of those facts. (2) The only evidence which may be adduced by the registrant or appellant in rebuttal of a certificate or memorandum of conviction is evidence for the purpose of proving that said conviction has been quashed, or they are not the person referred to in the certificate or memorandum. (3) Any other evidence pertaining to the conviction may be considered as sufficient proof of the conviction.	Purpose At present certificates and memorandums of conviction are treated in the same way as any other evidence, which means that convictions must be proven in the same way as other allegations. A new rule confirming the evidence that will stand as conclusive proof of the conviction/quashed conviction is more efficient, and mirrors the position adopted by health professional regulators.
Rule 23(1)(a) A notice or communication to the appellant or registrant (as the case may be) under these rules must be: … (ii) sent by next day delivery service or ordinary post to an address provided by the appellant or registrant to the regulator; (iii) sent by electronic mail to an electronic mail address held by Social Work England. Please note: Other changes to this rule are being considered as part of the current consultation on remote hearings provision	Amendment 23(1)(a) A notice or communication to the appellant or registrant (as the case may be) under these rules must be: … (ii) sent by courier, next day delivery service or ordinary post to an address provided by the appellant or registrant to the regulator; … (iv) by being sent by next day delivery service or ordinary first class post to the address of a representative under rule 16(2); (v) by electronic email to an electronic email address of a representative under rule 16(2); (vi) by personal service on the registrant or appellant or their representative under rule 16(2).	Purpose The rules regarding service of documents do not currently allow for courier or personal service. Amendments are proposed to allow for service via these methods, which are consistent with changes proposed to the fitness to practise rules. Additionally, the wording in relation to the service of documents on representatives has been streamlined to confirm that this includes any representative permitted under rule 16(2).
Rule 23(1)(b) Service of any notice or communication may be established by: … (iii) a signed statement from the person sending by ordinary post, electronic mail or delivering the notice or document in accordance with this rule.	Amendment 23(1)(b) Service of any notice or communication may be established by: … (iii) a signed statement from the person sending by ordinary post, electronic mail or delivering the notice or document in accordance with this rule; or (iv) a signed statement from the person who effected personal service.	Purpose Insertion of a new rule 23(1)(b)(iv) confirming how the regulator will establish when personal service has been effected, in line with the changes to 23(1)(a)(vi) above.
Rule 23(2) Where any notice or communication is sent or otherwise served under these rules, it must be treated as having been served: … (d) where the notice or communication has been sent by ordinary post, two days after it was sent; or (e) where the notice or communication has been sent by electronic mail, on the day the electronic mail was sent.	Amendment 23(2) Where any notice or communication is sent or otherwise served under these rules, it must be treated as having been served: … (d) where the notice or communication has been sent by courier or ordinary post, two days after it was sent; (e) where the notice or communication has been sent by electronic mail, on the day the electronic mail was sent; or (f) where the notice or communication was personally serviced, on the day it was personally served.	Purpose Amendments to confirm when documents served by courier or personal service will be deemed served, in line with the changes to rule 23(1)(a) above.
Rule 23(3) (a) The appellant or registrant may nominate a solicitor, counsel, professional body, or trade union to accept service on their behalf of any notice or communication sent under these rules.	Amendment 23(3)(a) The appellant or registrant may nominate a representative under rule 16(2) to accept service on their behalf of any notice or communication sent under these rules.	Purpose Amendment to confirm that the registrant can nominate any representative permitted under rule 16(2) to accept service of documents on their behalf.

Registration rules

Rule	Amendment	Purpose
Rule 13. An applicant is not eligible to be registered if they are subject to a: (1) conviction for a listed offence (other than a conviction that has been quashed); (2) conviction for an offence committed elsewhere which, if committed in England and Wales, would constitute a listed offence.	Amendment 13. An applicant is not eligible to be registered if they are subject to a conviction for a listed offence (other than a conviction that has been quashed).	Purpose Regulation 11(2)(d) means that only a listed offence in the UK prevents someone from being registered. If the offence took place elsewhere, we would need to consider it under our safe and effective practice test. Accordingly, an amendment is required to remove subsection (2).
Rule 14(2) Where a recognised qualification was awarded more than five years before an applicant applies to be registered the applicant must demonstrate that they have (a)relevant additional education or training against the following criteria: (i)evidence of 60 days of updating their skills, knowledge and experience in accordance with guidance produced by the regulator.	Amendment 14(2) Where a recognised qualification was awarded: (a) more than five years before an applicant applies to be registered, the applicant must demonstrate that they have relevant additional education or training by providing evidence of 60 days of updating their skills, knowledge and experience in accordance with guidance produced by the regulator; (b) between two and five years before an applicant applies to be registered, the applicant must demonstrate that they have relevant additional education or training by providing evidence of 30 days of updating their skills, knowledge and experience in accordance with guidance provided by the regulator.	Purpose This amendment is required to create a unified position for applicants for initial registration who completed their recognised qualification more than 2 years ago, and applicants for restoration who have not been registered for more than 2 years.
Rule 15(4) To confirm that they are not, or have not been, listed on the adults’ and/or children’s list under the Protection of Vulnerable Groups (Scotland) Act 2007 or Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, or subject to a barring order under The Safeguarding Vulnerable Adults Act (2006), or if not the case, to provide details of any such listing or barring order.	Amendment 15(4) To confirm that they are not, or have not been, listed on the adults’ and/or children’s list under: (a) the Protection of Vulnerable Groups (Scotland) Act 2007; (b) the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007; or (c) the Safeguarding Vulnerable Groups Act 2006, or if not the case, to provide details of any such listing or barring order.	Purpose Amendment to correct an error in the name of the Safeguarding Vulnerable Groups Act 2006.
Rule 24(2) An applicant must provide, as soon as possible, any further information or evidence requested by the regulator which it considers necessary in support of the registration application.	Amendment 24(2) An applicant must provide any further information or evidence requested by the regulator which it considers necessary in support of the registration application within 28 days of the request being made.	Purpose Amendment to provide clarity on when further information must be provided by.
Rule 24(3) Rule 24(1) does not apply during any period in which: (a) The regulator has taken action in accordance with rule 24(2) and the timeframe in rule 26(2) has not been exceeded; (b) An appeal has been made in accordance with regulation19(1)(b) and the appeal has not been determined by adjudicators.	Amendment 24(3) Rule 24(1) does not apply during any period in which an appeal has been made in accordance with regulation19(1)(b) and the appeal has not been determined by adjudicators.	Purpose Rule 24(3)(a) is unnecessary as it has the same effect as rule 24(1)(b) above.
Rule 26. A registration application will be closed by the regulator if: (1) Rule 13 applies to the applicant (persons not eligible to be registered); (2) The applicant has failed to respond within 14 days to a request made under rule 24(2); (3) Rule 19 applies to the applicant.	Amendment 26. A registration application will be closed by the regulator if: (1) Rule 13 applies to the applicant (persons not eligible to be registered); or (2) Rule 19 applies to the applicant.	Purpose The existing rule 26(2) will no longer be relevant if the change in rule 24(2) is made.
Rule N/A	Amendment New rule 26A: An application may be closed by the regulator if the applicant has failed to provide information in accordance with a request made under rule 24(2).	Purpose This works together with the change to rule 24(2) to make clear when an application can be closed if the applicant does not provider further information, and that this is at our discretion.
Rule 27. A person whose registration application has been closed in accordance with rule 26 and who wishes to be considered for registration must make a new registration application.	Amendment 27. A person whose registration application has been closed in accordance with rule 26 or 26A and who wishes to be considered for registration must make a new registration application.	Purpose Consequential amendment due to the creation of new rule 26A.
Rule 44. An annotation shall remain on the register for the period in which the registered social worker is registered.	Amendment 44. An annotation shall remain on the register: (a) for the period in which the registered social worker is registered; or (b) until the registered social worker requests the annotation be removed.	Purpose At present we do not have the ability to remove an annotation if the social worker requests it. This amendment rectifies this.
Rule 59(1) An applicant applying to have their entry in the register restored must provide the following information to the regulator: (a) evidence that they meet the professional standards relating to continuing professional training and development; (b) evidence in accordance with rule 15; and (c) where the regulator determines that it is necessary for the registered social workers to do so, evidence that they have the necessary knowledge of English.	Amendment 59(1) An applicant applying to have their entry in the register restored must provide the following information to the regulator: (a) evidence that they meet the professional standards relating to continuing professional training and development; (b) evidence in accordance with rule 15; (c) where the regulator determines that it is necessary for the registered social workers to do so, evidence that they have the necessary knowledge of English; (d) where the applicant’s registration has lapsed for more than 5 years at the time of their application, evidence of 60 days of updating their skills, knowledge and experience in accordance with guidance produced by the regulator to demonstrate that they have relevant additional education or training; and (e) where an applicant’s registration has lapsed for a period of between two and five years at the time of their application, evidence of 30 days of updating their skills, knowledge and experience in accordance with guidance produced by the regulator to demonstrate that they have relevant additional education or training.	Purpose This is to create a unified position for applicants for initial registration who completed their recognised qualification more than 2 years ago, and applicants for restoration who have not been registered for more than 2 years.
Rule N/A	Amendment New rule 59(1A) The period for any activity relied upon for the purposes of meeting the conditions set out in rule 59(1)(d) and rule 59(1)(e) must be no more than 12 months prior to the date of the application.	Purpose This is to create a unified position for applicants for initial registration who completed their recognised qualification more than 2 years ago, and applicants for restoration who have not been registered for more than 2 years.
Rule N/A	Amendment New rule 60A. (1) An application for restoration must be made in a form specified by the regulator. (2) The application shall include: (a) a warning about the consequences of providing false or misleading information; (b) a warning that failure to notify the regulator as soon as practicable if any of the information that is registered in relation to the applicant ceases to be accurate may lead to suspension or removal of their entry in the register; (c) a statement that registered status is dependent on compliance with the professional standards and any other codes and standards relevant to social work and that failure to comply with any of these may be taken into account in any fitness to practise proceedings. (3) An application can be submitted in writing or electronically. (4) The application must: (a) be completed by the applicant; (b) be signed by the applicant, or confirmed by the applicant	Purpose At present we do not have detailed rules in place for restoration applications in the same way as we do for registration applications. The process here matches what we currently do, taking into account the changes to the registration process proposed above.
Rule N/A	Amendment New rule 60B. (1) The regulator must decide a restoration application within 20 working days, starting from the day that: (a) a completed application; or (b) information requested under rule 60B(2); is received, whichever is the later. (2) An applicant must provide any further information or evidence requested by the regulator which it considers necessary in support of the restoration application within 28 calendar days of the request being made.	Purpose At present we do not have detailed rules in place for restoration applications in the same way as we do for registration applications. The process here matches what we currently do, taking into account the changes to the registration process proposed above.
Rule N/A	Amendment New rule 60C. A restoration application will be closed by the regulator if: (1) Rule 58 applies to the applicant (persons not eligible to have their registration restored); (2) Rule 19 applies to the applicant as if it read “rule 60C applies…”.	Purpose At present we do not have detailed rules in place for restoration applications in the same way as we do for registration applications. The process here matches what we currently do, taking into account the changes to the registration process proposed above.
Rule N/A	Amendment New rule 60D. A restoration application may be closed by the regulator if, upon expiry of the relevant timeframe, the applicant has failed to provide information in accordance with a request made under rule 60B(2).	Purpose At present we do not have detailed rules in place for restoration applications in the same way as we do for registration applications. The process here matches what we currently do, taking into account the changes to the registration process proposed above.
Rule N/A	Amendment New rule 60E. A person whose registration application has been closed in accordance with rule 60C or rule 60D and who wishes to be considered for restoration must make a new restoration application.	Purpose At present we do not have detailed rules in place for restoration applications in the same way as we do for registration applications. The process here matches what we currently do, taking into account the changes to the registration process proposed above.

Fitness to practise rules

Fees rules

Rule	Amendment	Purpose
Rule 8(2) An applicant or registered social worker may, with the agreement of Social Work England, pay the fee for a renewal application in instalments by direct debit. In that event, the final instalment for that registration year shall be the point at which the fee for renewal of registration has been paid in full.	Amendment 8(2) An applicant may, with the agreement of Social Work England, pay the fee for a renewal application in instalments by direct debit. In that event, the final instalment for that registration year shall be the point at which the fee for renewal of registration has been paid in full.	Purpose The definition of applicant in rule 2 already includes registered social workers, so this is unnecessary.

Glossary of terms

Adjudicator

A person who is appointed by Social Work England under regulation 15(12), 16(4), 19(3) or 25(7)(c) of the Social Workers Regulations 2018 and an independent final decision maker.

Admissible as proof

Information that can be considered by the adjudicators as evidence that something has taken place.

Appellant

A person who has appealed a decision made by Social Work England under regulation 19 of the Social Workers Regulations 2018.

Applicant

A person who has made an application to Social Work England for registration under regulation 10 or restoration under regulation 15 of the Social Workers Regulations 2018.

Annotation

A record on the social work register showing that the registrant has completed additional qualifications, specialism, accreditation or competence approved by Social Work England.

Case management meeting

A meeting held by the adjudicators or the regulator prior to a hearing taking place, in accordance with rule 25 of the fitness to practise rules.

Case management powers

The powers available to the adjudicators or the regulator to ensure a matter will be ready for consideration at a hearing as set out in rules 25 to 30 of the fitness to practise rules, including the power to hold a case management meeting and give directions to the parties.

Determination of impairment

A decision by the adjudicators that a registered social worker’s fitness to practise without restriction is impaired by reason of one or more of the grounds set out in regulation 25(2) of the Social Workers Regulations 2018.

Listed offence

An offence which is listed in:

any of paragraphs 1 to 7 of schedule 3 of the Social Workers Regulations 2018, or
any of paragraphs 8 to 13 of schedule 3 Social Workers Regulations 2018 where a custodial sentence has been imposed.

In accordance with the provisions of paragraph…

The ability of a person or party to take action that is set out within a specific regulation or rule.

Social Work England online account

An online account that an applicant or social worker has with Social Work England, via which they can apply to join or restore to the social work register and/or maintain their registration, including renewing registration, updating contact details, and recording continuing professional development (CPD).

Recipient of a request

The person or body who receives a request for something.

Remote hearings

Fitness to practise hearings held virtually using video conferencing software.

Oral representations

Verbal statements by the parties and/or their legal representatives during a hearing.

Restoration

The process by which a social worker previously registered with us or the HCPC can apply to rejoin Social Work England’s social work register under regulation 15 of the Social Workers Regulations 2018.

Review hearing

A hearing under paragraph 14 or 15 of schedule 2 of the Social Worker’s Regulations 2018, at which the adjudicators review an interim order or final order imposed on a social worker’s registration.

Rule	Amendment	Purpose
Rule 2. In these rules: ‘adjudicator’ means an individual appointed under regulation 25(7)(c).	Amendment 2. In these rules: ‘adjudicator’ means an individual appointed under regulation 16(4) or 25(7)(c).	Purpose Insertion of reference to regulation 16(4) of the Social Workers Regulations 2018, to correspond with new rules setting out how our powers under regulation 16(4) will be used.
Rule 8(a) The investigators must notify the registered social worker in accordance with the provisions of paragraph 4(1)(a) of Schedule 2 within 7 calendar days of a determination under rule 3(a) that there are reasonable grounds to investigate the registered social worker’s fitness to practise.	Amendment 8(a) The investigators must notify the registered social worker in accordance with the provisions of paragraph 4(1)(a) of Schedule 2 within 14 calendar days of a determination under rule 3(a) that there are reasonable grounds to investigate the registered social worker’s fitness to practise.	Purpose Increasing the requirement to notify the registrant that a new investigation has been opened from 7 days to 14 days will provide a more realistic timeframe, whilst continuing to ensure that the registrant notified as soon as practicable.
Rule 13(a) Where the adjudicators propose to make an interim order under the provisions of paragraph 8 or paragraph 11(1)(a) of Schedule 2, they must inform the registered social worker of the dates: …	Amendment 13(a) Where the adjudicators propose to make an interim order under the provisions of paragraph 8 or paragraph 11(1)(a) of Schedule 2, they must inform (or direct the regulator to inform) the registered social worker of the dates…	Purpose Amendment to allow the adjudicators to delegate the administrative task of informing the registrants of the relevant dates for an interim order hearing to the regulator.
Rule 16(b) The date in rule 16(a)(ii) must be not less than 7 calendar days after the regulator informs the registered social worker of the proposal to review the order, unless in the opinion of the regulator a shorter period is necessary to protect the public or is in the public interest.	Amendment 16(b) The date in rule 16(a)(ii) must be not less than 7 calendar days after the regulator informs the registered social worker of the proposal to review the order, and the date in rule 16(a)(i) not less than 28 calendar days, unless in the opinion of the regulator a shorter period is necessary to protect the public or is in the public interest.	Purpose Rule 16 does not confirm the notice period required when an order is reviewed under the provisions of paragraph 14 or 15 of Schedule 2 of the Social Workers Regulations 2018. An amendment clarifying that the notice period must be no less than 28 days will provide certainty for the registrant and adjudicators.
Rule 20. Where the applicant indicates that they wish to attend before the adjudicators, or where the adjudicators require a person other than the applicant to attend and give evidence, the adjudicators must give the relevant parties not less than 7 calendar days’ notice of the date, time and place of the hearing.	Amendment 20(1) Where the applicant indicates that they wish to attend before the adjudicators, or where the adjudicators require a person other than the applicant to attend and give evidence, the adjudicators must give the relevant parties not less than 7 calendar days’ notice of the date, time and place of the hearing. (2) Where a hearing is held, the applicant and the regulator may (a) attend the hearing and make oral representations either themselves or through a representative. (b) be represented in accordance with Rule 40 (c) Call witnesses relevant to the application for restoration, providing that they have given the adjudicators at least 7 calendar days' notice of their intention to call the witness.	Purpose As drafted, rule 20 does not confirm the role of each party at a restoration hearing after a removal order. A new subsection (2), which mirrors rule 16 of the removal from the register and registration appeals rules, clarifies what each party can do during the hearing. This includes clarification that the applicant can call witnesses and a requirement for them to give 7 days calendar notice if they intend to do so.
Rule 22. Where the applicant indicates that they do not wish to attend before the adjudicators or does not indicate whether or not they intend to attend, and the adjudicators do not require a person other than the applicant to attend and give evidence, the adjudicators may determine the application by means of a meeting.	Amendment 22. Where the applicant indicates that they do not wish to attend before the adjudicators or does not indicate whether or not they intend to attend, and the adjudicators do not require a person other than the applicant to attend and give evidence, the regulator may direct that the question of whether the registered social worker is eligible to be restored to the register is determined by means of a meeting.	Purpose The Social Workers Regulations 2018 do not require the decision to hold a meeting or hearing to be made by the adjudicators, so amending rule 22 to allow this decision to be made by the regulator will make the process more efficient.
Rule 23. The adjudicators must determine an application that complies with the provisions of rule 18 within 56 days of its being made unless the applicant applies for or consents to a postponement of the determination.	Amendment 23. The adjudicators must determine an application that complies with the provisions of rule 18 within 84 days of its being made unless the applicant applies for or consents to a postponement of the determination.	Purpose The proposed amendments to rule 20 above requires the applicant to give notice if they intend to call witnesses. Increasing the timeframes for the adjudicators to determine the application from 56 to 84 days provides additional time to take any steps required, including because of the changes to rule 20.
Rule 25(a) An adjudicator or the regulator may conduct a case management meeting in respect of: (i) a fitness to practise hearing; (ii) a fitness to practise review hearing where new information is to be considered under the provisions of paragraph 15(2) of Schedule 2; or (iii) a restoration hearing.	Amendment 25. An adjudicator or the regulator may conduct a case management meeting in respect of: (i) a fitness to practise hearing; (ii) a fitness to practise review hearing where new information is to be considered under the provisions of paragraph 15(2) of Schedule 2; or (iii) a restoration hearing; or (iv) a hearing under regulation 16(4) and rule 51.	Purpose We have included new rules setting out how our powers under regulation 16(4) of the Social Workers Regulations will be used. Accordingly, a new subsection (iv) has been included to confirm that the adjudicators can hold case management meetings in respect of these provisions.
Rule 25(b) A case management meeting must be conducted by an adjudicator where the hearing is to take place before adjudicators.	Amendment N/A	Purpose All hearings currently take place in front of the adjudicators, so rule 25(b) is unnecessary.
Rule N/A	Amendment 27(2) At a case management meeting the adjudicators may discontinue one or more of the factual particulars and, or grounds on which the case examiners have referred a case to the adjudicators, when the adjudicators are satisfied that new information available since the determination of the case examiners means that there is no longer a realistic prospect of finding those factual particular(s) and/or ground(s) proved.	Purpose At present, if further investigations after the case examiner decision shows that the allegation is unfounded, we are still required to take the matter to a full hearing. This and the new rule 52 are designed to provide a method whereby a full hearing is not required in such circumstances, but the relevant decisions are still taken by the adjudicators. Under this process the adjudicators could still insist on a full hearing.
Rule 33. Where a case has been referred to an interim order or fitness to practise hearing or a restoration after removal hearing, the regulator must: … (b) appoint a solicitor or barrister of not less than 10 years’ standing to act as a Legal Adviser.	Amendment 33. Where a case has been referred to an interim order or fitness to practise hearing or a restoration after removal hearing, the regulator must: … (b) appoint a Legal Adviser. 33A. The regulator must set and publish the criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment under sub-paragraph (b) above.	Purpose The current wording does not allow for Chartered Legal Executives to be appointed as legal assessors. By amending the rule 14(2) reference to only solicitors and barristers and including a new rule 14A enabling Social Work England to set the eligibility criteria for legal advisors outside of the rules, we will have more flexibility to include Chartered Legal Executives as well as the ability to update the criteria to adapt to any changes to the legal profession going forwards.
Rule 35(a) For the purpose of this rule, previous history is an adverse decision relevant to the registered social worker by the regulator, its predecessors, or a body included in regulation 7.	Amendment 35(a) For the purpose of this rule, previous history is an adverse decision relevant to the registered social worker by the regulator, its predecessors, a body included in regulation 7 or criminal Court of Law, either in the UK or elsewhere.	Purpose The current wording of rule 35(a) does not allow for previous convictions to be considered as previous history. An amendment is proposed to confirm that these can be considered if relevant.
Rule N/A	Amendment 35A(1) Where a registered social worker has been convicted of a criminal offence: (i) a copy of the certificate or memorandum of conviction, certified by a competent officer of a Court in the United Kingdom or, in Scotland, an extract conviction, shall be conclusive proof of the conviction. (ii) the findings of fact upon which the conviction is based shall be admissible as proof of those facts. (2) The only evidence which may be adduced by the registered social worker in rebuttal of a certificate or memorandum of conviction is evidence for the purpose of proving that said conviction has been quashed, or they are not the person referred to in the certificate or memorandum. (3) Any other evidence pertaining to the conviction may be considered as sufficient proof of the conviction.	Purpose At present certificates and memorandums of conviction are treated in the same way as any other evidence, which means that convictions must be proven in the same way as other allegations. A new rule confirming the evidence that will stand as conclusive proof of the conviction/quashed conviction is more efficient, particularly given that criminal conviction is a statutory ground of fitness to practise proceedings, and mirrors the position adopted by health professional regulators.
Rule 40. At a hearing the registered social worker may be represented by: (a) a solicitor or counsel; …	Amendment At a hearing the registered social worker may be represented by: (a) a solicitor or barrister registered in the UK, or a Chartered Legal Executive; …	Purpose Amendment to make clear that the registrant’s legal representative can be from any country in the UK and can include Chartered Legal Executives. These mirror the changes proposed to the removal from the register and registration appeals rules.
Rule 44(a) A notice or communication to the registered social worker under these rules must be served: (i) by being placed on the Social Work England online account where the registered social worker has agreed to accept notices or communications from the regulator via the Social Work England online account; (ii) by being sent by next day delivery service or ordinary first class post to an address provided by the registered social worker to the regulator; (iii) by being sent by next day delivery service or ordinary first class post to the address of a solicitor, professional body, or trade union nominated by the registered social worker to accept service on their behalf; or (iv) by electronic mail to an electronic mail address held by Social Work England. Please note: Other changes to this rule are being considered as part of the current consultation on remote hearings provision	Amendment (a) A notice or communication to the registered social worker under these rules must be served: (i) by being placed on the Social Work England online account where the registered social worker has agreed to accept notices or communications from the regulator via the Social Work England online account; (ii) by being sent by courier, next day delivery service or ordinary first class post to an address provided by the registered social worker to the regulator; (iii) by being sent by electronic email to an electronic email address provided by the registered social worker to the regulator; (iv) by being sent by next day delivery service or ordinary first class post to the address of a representative under rule 40; (v) by electronic email to an electronic email address of a representative under rule 40; (vi) by personal service on the registered social worker or their representative under rule 40.	Purpose Amendments to clarify that documents can be served on any representative named under rule 40, and may also be effected by courier and personal service. These mirror the changes proposed to the Removal from the Register and Registration Appeals Rules.
Rule 44(b) Service of any notice or communication may be proved by: … (iii) a signed statement from the person sending by ordinary post, electronic mail or delivering the notice or document in accordance with this rule.	Amendment 44(b) Service of any notice or communication may be proved by: … (iii) a signed statement from the person sending by ordinary post, electronic mail or delivering the notice or document in accordance with this rule; or (iv) a signed statement from the person who effected personal service.	Purpose Inclusion of new subsection (iv) to confirm how the regulator may prove service of communications by way of personal service. These mirror the changes proposed to the removal from the register and registration appeals rules.
Rule 45. Where any notice or communication is served in accordance with these rules, it must be treated as having been served: … (d) where the notice or communication has been sent by first class ordinary post, two days after it was sent; or (e) where the notice or communication has been sent by electronic mail, on the day the electronic mail was sent.	Amendment 45. Where any notice or communication is served in accordance with these rules, it must be treated as having been served: … (d) where the notice or communication has been sent by courier or first class ordinary post, two days after it was sent; or (e) where the notice or communication has been sent by electronic mail, on the day the electronic mail was sent; or (f) where the notice or communication was personally served, on the day it was personally served.	Purpose Amendment to subsection (d) and inclusion of new subsection (f) to confirm when communications served by courier or personal service will be deemed served. These mirror the changes proposed to the removal from the register and registration appeals rules.
Rule 46(a) The registered social worker may, in writing, nominate a solicitor, counsel, professional body, or trade union to accept service on their behalf of any notice or communication sent under these rules.	Amendment 46(a) The registered social worker may, in writing, nominate a representative under rule 40 to accept service on their behalf of any notice or communication sent under these rules.	Purpose Amendment to confirm that the registered social worker can nominate any representative named under rule 40 to accept service on their behalf. These mirror the changes proposed to the removal from the register and registration appeals rules.
Rule N/A	Amendment Failure to provide information to the regulator 51.(1) Where a social worker has failed to provide information requested by the regulator under regulation 16, the regulator may appoint adjudicators, and where appropriate a legal adviser, under rules 33 and 34. (2) The adjudicators must notify the registered social worker of the hearing in accordance with the provisions of rules 14(a), 15(a), 44 and 45. (3) The adjudicators shall have the same case management powers as set out in rules 25 to 30. (4) A hearing under this rule will be held subject to rule 32 and part 4 of these rules, with the exception of rule 32(c). The adjudicators shall instead apply the following procedure: (a) The adjudicators must first determine any disputed facts; (b) The adjudicators must then determine whether the registered social worker has failed to comply with regulation 16; (c) If the adjudicators determine that the registered social worker has failed to comply with regulation 16, they must then determine whether it is necessary for the protection of the public or in the best interests of the registered social worker to impose a suspension order or a removal order.	Purpose Regulation 16(4) of the Social Workers Regulations 2018 requires rules to be made before using the powers in that regulation. This new section will allow the regulator to make use of that power and confirm how this will be used.
Rule N/A	Amendment Discontinuance 52. (1) Where the regulator considers that new information available since the determination of the case examiners means that there is no longer a realistic prospect of a determination of impairment in relation to the case, the regulator may make an application for discontinuance of the case to be considered by the adjudicators. (2) An application made under paragraph (1) must include details of the new information and a statement of case setting out why there is no longer a realistic prospect of a determination of impairment. (3) Adjudicators must consider the application and if the adjudicators: (a) decide that there is insufficient evidence to make a finding of impairment, make a decision that the social worker's fitness to practise is not impaired, providing reasons for their decision, and impose an outcome in accordance with Paragraph 12(1) of Schedule 2; (b) do not agree that there is insufficient evidence to make a finding of impairment, they may adjourn and give relevant directions as to the progression of the case to a fitness to practise hearing.	Purpose At present the regulator is required to take fitness to practise cases to a full hearing even when further information demonstrates that there is no longer a realistic prospect of the adjudicators finding the registrant’s fitness to practise impaired. This amendment is designed to avoid a full hearing in those circumstances, while ensuring the decision remains with the adjudicators and that they have the option to require a full hearing when they deem it to be appropriate.