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Consultation on amendments to rules, electronic communication and remote hearings

The consultation period is 10 weeks and will end on 23 February 2022. Please return your response by 12pm midday on Wednesday 23 February 2022.

Consultation on amendments to rules, electronic service and remote hearings

Published: 15 December 2021

Introduction

Almost all our hearings for both fitness to practise and registration appeals have been held remotely since March 2020. Working in this way throughout the pandemic meant that we could continue to ensure safe and effective practice and uphold public confidence in the social work profession.

To make this possible, we made minor, temporary changes to our rules. These changes were made so we that could adapt the way we communicated with social workers, allowing us to issue documents related to fitness to practise and registrations by email.

Since making these changes, we have seen several benefits. We’ve avoided lengthy delays, made hearings more accessible, and removed the need for social workers and witnesses to travel or take extensive time off work.

This consultation proposes that we retain the changes introduced during the pandemic to take advantage of digital communication, as well the benefits to our work and efficiency as a regulator. We also want to include some further minor changes that clarify how we communicate with social workers.

A summary of the proposed changes

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

  • include a definition of ‘place of the hearing’, so that it is clear that a hearing can be held virtually or physically;
  • make permanent the requirement that communications can be sent by email, including what email address we will use, how we will provide evidence that it has been sent, and when it is considered to have been received; and
  • make clear who a social worker or, in the case of the removal from the register and registration appeals rules, someone appealing a registration decision, can chose to have correspondence and notices of hearing sent to.

Reasons for the proposed changes

Our fitness to practise rules and removal from the register and registration appeals rules were temporarily amended to allow us to continue to regulate the social work profession during the pandemic. These amendments allowed for fitness to practise and registration appeal documents, including notices of hearings, to be sent to social workers or applicants via email. They came into force on 14 April 2020.

We also changed how hearings were conducted, with all hearings taking place remotely and online using video conferencing software. Social workers needed to consent to a hearing taking place remotely. On the small number of occasions where they did not consent, hearings were either postponed or referred to the adjudicators to decide the best way to proceed.

As a result of holding almost all hearings remotely and communicating with people via email during the pandemic, levels of attendance at hearings from social workers and witnesses has been high. Better engagement with the hearings process means that hearings run more efficiently, and adjudicators can make the most informed decisions.

Feedback we’ve received from hearings participants has been mostly positive and in favour of remote hearings continuing. Witnesses and social workers have told us that travel, time commitment and unfamiliar surroundings are a barrier to attending a hearing in person and with them engaging with the process. This speaks to similar experiences among other professional regulators.

To make sure we are consistent in assessing the format of a hearing, we will consult on and publish guidance in 2022 for our decision makers about the factors that need to be considered when deciding how a hearing should take place.

While we are considering how we send information to everyone involved in a hearing, we also feel it worthy to clarify who we can send correspondence too. We propose to amend our rules to make clear that, where a social worker is represented by a lawyer (either solicitor or barrister), trade union, or other professional body, they can ask us to send any correspondence about their appeal or fitness to practise case to their representative.

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 support continued flexibility with our approach to the format of hearings?
  • Do you think there are any other amendments to Social Work England’s rules that could be made to better support the continuation of remote hearings?
  • Do you think that the changes to the rules have the potential to impact people based on protected characteristics positively, neutrally or negatively? If so, 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 10 weeks and will end on 23 February 2022. Please return your response by 12pm midday on Wednesday 23 February 2022.

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

The consultation has now closed. 

List of rule amendments (1 of 2)

Fitness to practise rules

Rule Amendment Purpose
Rule Rule 2 Amendment Inserting “’place of the hearing’ means either a physical or virtual location.” Purpose To make clear that hearings can take place virtually or in person. This is the interpretation we have already used throughout the pandemic.
Rule Rule 44(a)(iii) Amendment Amending to state: “by being sent by electronic email to an electronic email address provided by the registered social worker to the regulator;” Purpose This allows service by email and makes permanent the temporary change already in place for the pandemic.
Rule New rule 44(a)(iv) Amendment Inserting “by being sent by next day delivery service or ordinary first class post to the address of a solicitor, counsel, professional body, or trade union nominated by the registered social worker to accept service on their behalf” Purpose This makes clear that service by post can also be to a social worker’s representative.
Rule New rule 44(a)(v) Amendment Inserting “by electronic email to an electronic email address of a solicitor, counsel, professional body, or trade union nominated by the registered social worker to accept service on their behalf.” Purpose This makes clear that service by email can also be to a social worker’s representative.
Rule Rule 44(b)(iii) Amendment Amending to state: “a signed statement from the person sending by ordinary post, ELECTRONIC MAIL or delivering the notice or document in accordance with this rule” (addition capitalised) Purpose This states how Social Work England will be able to prove to the adjudicators that email communication has been sent. This makes permanent the temporary change already in place for the pandemic.
Rule Rule 45(e) Amendment Inserting: “where the notice or communication has been sent by electronic mail, on the day the electronic mail was sent.” Purpose This states when a registered social worker will be considered to have received an email. This makes permanent the temporary change already in place for the pandemic.
Rule Rule 46(a) Amendment Amending to state “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.” (addition capitalised) Purpose To ensure that, if a social worker is represented by a barrister instead of a solicitor or trade union representative, correspondence can still be sent to their representative.

List of rule amendments (2 of 2)

Removal from the register and registration appeals rules

Rule Amendment Purpose
Rule Rule 2 Amendment Inserting “‘place of the hearing’ means either a physical or virtual location.” Purpose To make clear that hearings can take place virtually or physically. This is the interpretation we have already used throughout the pandemic.
Rule Rule 23(1)(a)(iii) Amendment Inserting “sent by electronic mail to an electronic mail address provided by the appellant or registrant to the regulator” Purpose This allows service by email and makes permanent the temporary change already in place for the pandemic.
Rule New rule 23(1)(a)(iv) Amendment Inserting: “by being sent by next day delivery service or ordinary first class post to the address of a solicitor, counsel, professional body, or trade union nominated by the appellant or registrant to accept service on their behalf” Purpose This makes clear that service by post can also be to a social worker’s representative.
Rule New rule 23(1)(a)(v) Amendment Inserting: “by electronic email to an electronic email address of a solicitor, counsel, professional body, or trade union nominated by the appellant or registrant to accept service on their behalf.” Purpose This makes clear that service by email can also be to a social worker’s representative.
Rule Rule 23(b)(iii) Amendment Amending to state: “a signed statement from the person sending by ordinary post, ELECTRONIC MAIL or delivering the notice or document in accordance with this rule” (addition capitalised) Purpose This states how Social Work England will be able to provide to the adjudicators that email communication has been sent. This makes permanent the temporary change already in place for the pandemic.
Rule New Rule 23(2)(e) Amendment Inserting: “where the notice or communication has been sent by electronic mail, on the day the electronic mail was sent” Purpose This states when a registered social worker or applicant will be considered to have received an email. This makes permanent the temporary change already in place for the pandemic.
Rule Rule 23(3)(a) Amendment Amending to state “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.” (addition capitalised) Purpose To ensure that, if a social worker is represented by a barrister instead of a solicitor or trade union representative, correspondence can still be sent to their representative.
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