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EU exit: consultation on amendments to registration and fees rules

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EU exit: consultation on amendments to registration and fees rules

Last updated 17 November 2020

Introduction

The UK left the EU on 31 January 2020 and entered a transition period to negotiate a new relationship with the EU. This transition period will end on 31 December 2020. The UK and EU are currently negotiating the terms of a future relationship, including the recognition of professional qualifications.

Social Work England currently operates in accordance with the Mutual Recognition of Professional Qualifications Directive 2005 (European Union Directive 2005/36/EC on the Mutual Recognition of Professional Qualifications, sometimes called ‘MRPQ’) which forms part of the negotiations. The directive provides the framework under which members of the European Economic Area (the EEA, members of the EU, plus Liechtenstein, Norway and Iceland) allow the professional qualifications of EEA nationals to be recognised in an EEA state other than the one in which the qualification was obtained.

When the transition period comes to an end on 31 December 2020, it is expected that the directive will be removed from many professional regulators’ legislation. In lieu of a negotiated agreement between the UK and the EU, Social Work England and many other regulators in the UK will not have a continuing legislative basis for continuing to recognise EEA qualifications. This has already been provided for in legislation by the UK government, and only legislation could amend this. This is The European Qualifications (Health and Social Care Professions) (Amendment etc) (EU Exit) Regulations 2019, referred to in this document as the “EU Exit Regulations”.  Please note that these regulations are subject to change.

As of 1 January 2021, we will instead consider EEA qualifications using our ‘international’ route to register. This consultation sets out the changes we need to make to our rules to comply with the legislation made by the government and prepare for 1 January.

The annexes referred to on this page can be found in the consultation document EU exit: amendments to registration and fees rules (PDF).

The legal changes

The UK government has developed EU exit regulations (the EU Exit Regulations) that make changes to The Social Workers Regulations 2018 in the event that an agreement is not reached with the EU by the end of the year.

Specifically, the Social Workers Regulations (‘the regulations’) will remove the dedicated route to registration for professional qualifications of EEA nationals, or individuals with EEA qualifications. These changes have been implemented by the Government to ensure a smooth end to the transition period.  To ensure that our ways of working comply with these changes we need to make amendments to our registration and fees rules.

We consider what we’ve proposed the only way in which to implement these changes. However, we would like to hear from you on the questions we have set out in this consultation and, in particular, if you think there is any other way to implement the changes while still complying with the amended Social Workers Regulations 2018.

The EU Exit Regulations are available here, and the Social Workers Regulations 2018 are available here.  At annexe 1 we have shown the parts of the Social Workers Regulations 2018 that will be changed by the EU Exit Regulations, with the changes shown as tracked changes.

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 reach those who may be affected by the amendments and seek their views on the changes we make.

In addition to making this document accessible on our website, we will be getting in touch with:

  • Registered social workers;
  • Employers of registered social workers;
  • People with lived experience of social work;
  • People providing, assessing or funding education and training for registered social workers and prospective social workers; and

Those who are likely to be affected by the proposed rules, i.e. applicants from the EEA.

Summary of proposed changes

The changes to the Social Workers Regulations (‘the regulations) remove the registration route for individuals who are EEA nationals, have another form or EEA enforceable right, or have qualifications from the EEA (referred to as ‘exempt persons’ in the regulations).

The changes anticipate that at the end of the transition period there will be no route in any agreement for the recognition of qualifications from the EEA, and exempt persons will be treated as international applicants.

As a result, the changes proposed to the registration rules 2019 and the fees rules 2019 also remove the references to the registration route for EEA exempt persons. This includes removing:

  • References to parts of the regulations that have been removed by the EU Exit Regulations (Registration Rules 2019, rules 1(2), 17(2), and 25);
  • References to the registration of visiting social work professionals from the EU, i.e. those who only wish to practise temporarily and occasionally in England (Registration Rules 2019, rules 4(2) and 37 to 39);
  • The specific rights an exempt person has in relation to the English language testing requirements (Registration Rules 2019, rule 11(5));
  • The admissibility of certificates from a ‘competent authority’ (normally an EU state’s regulator) attesting to an exempt person’s qualifications and experience (Registration Rules 2019, rule 22(6)(b));
  • Reference to a scrutiny fee for exempt persons when applying for registration, as they will now pay the scrutiny fee applicable to an international applicant (Fees Rules 2019, rule 4(3) and schedule 1).

There are also  transitional arrangements for applications that have already been processed at the point the EU route is removed, and these will continue to be considered under the EU route.

At annexe 2 are the proposed changes to the Registration Rules 2019 and the Fees Rules 2019.

 

How to respond

The consultation period is 5 weeks and will end on 22 December 2020. Please complete the survey or return your response by 12pm midday on Tuesday 22 December 2020.

Following the consultation, we will consider responses and publish a consultation response along with the final rules.

You can respond to this consultation in several ways. We have provided an online survey, or you can choose to respond via our consultation email address.

All questions in the online survey are optional. You can see a copy of the questions below.

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

Consultation questions

  • Do you have proposals on how else we might apply the amendments made to the Social Workers Regulations 2018 by the EU Exit Regulations?
  • Do you think there are any other amendments to Social Work England’s rules that need to be made in order to comply with the changes to the Social Workers Regulations 2018?
  • Do you think that the changes to the Registration Rules 2019 and the Fees Rules 2019 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

List of rule amends

Regs:

In regulation 2 (interpretation)—

  • in paragraph (1), omit the definition of “relevant European State”;
  • omit paragraphs (2) and (3).

In regulation 8 (the registrar and the register), omit paragraph (8).

In regulation 9 (content of the register), omit paragraph (1)(c).

In regulation 10 (procedure for registration), omit paragraph (5).

In regulation 11 (eligibility for registration)—

  • in paragraph (4), omit “, subject to paragraph (5)”;
  • omit paragraphs (5) and (8).

Omit regulation 18 (visiting professionals from relevant European States).

In regulation 19 (registration appeals)—

  • in paragraph (1), omit sub-paragraphs (e) and (i);
  • omit paragraphs (9) and (10).

In Schedule 1 (recognised qualifications)—

  • in paragraph 1, omit sub-paragraph (b);
  • omit paragraph 2.

In the Registration Rules 2019:

In Rule 1(2), remove reference to Regulation 18(9);

Remove rule 4(2) (which references exempt persons);

In Rule 17(2), remove "and having considered the requirements of regulation 11(5),";

In Rule 22, remove paragraphs (6)(b) and (6)(b)(i);

In rule 25:

  • In the head of rule 25, remove "paragraph 1(b) or Schedule 1";
  • In paragraph (1), remove "taking into account Schedule 1 paragraph 2";

Remove Part 5 (Rules 37 to 39);

In the Fees Rules 2019:

In Rule 4(3):

  • Remove reference to paragraph 1(b);
  • Remove "(and who is not a person to whom regulation 18 applies)"

In Schedule 1 section (4) (Scrutiny Fees), remove reference to paragraph 1(b).

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