Amendments to rules, electronic service and remote hearings consultation response

Published: 19 April 2022

Introduction

Almost all of 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 our work to protect the public.

To ensure we could hold hearings and manage our processes remotely, we made minor, temporary changes to our rules. These changes allowed us to adapt the way we communicated with social workers, allowing us to issue documents related to fitness to practise and registration appeals 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 proposed that we retain these changes to take advantage of digital communication and improve our efficiency as a regulator. We also wanted to include some minor changes that clarify how we communicate with social workers.

How we consulted

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

We published a proposal of the amendments on our website, along with an accompanying consultation document, explaining the changes we would make. People and organisations were able to provide feedback via email to consultationresponses@socialworkengland.org.uk.

In addition to making the consultation available on our website, we promoted it on our social media channels and through our Social Work Now newsletter, which is sent to over 80,00 people including social workers who have signed up to receive it.

Consultation methodology

We counted, read and analysed all responses to the consultation. We asked for responses to be sent via email to our dedicated consultations inbox.  

All of the responses that we received were considered and recorded, which helped us to review our proposed amendments to our rules relating to electronic communication and remote hearings.

Who responded?

We received 10 detailed responses to the consultation, 7 from external organisations and 3 from Social Work England adjudicators and legal advisers.

What you said

Respondents generally approved of the proposed changes. We received some feedback on the application of the rules, which falls outside the scope of this consultation. However, this will form part of our next consultation on the guidance that looks at what needs to be considered when deciding how a hearing should take place.

From key stakeholders, UNISON was not opposed to the use of remote hearings in appropriate circumstances and recognises that remote hearings can be beneficial to all parties. Similarly, the Professional Standards Authority supports the use of remote hearings where this will not affect the integrity or fairness of the process. The Association of Directors of Children’s Services broadly agreed with the proposals set out for the format of hearings and hopes the amendments to our rules will support our work to reduce our caseload in fitness to practise hearings.

BASW and the Social Workers Union, in a joint response, suggested that social workers and applicants should have an in-person hearing if they wished. However, we think that this decision is best made by the adjudicators having regard to the circumstances of each case, including the wishes of and fairness to the registrant/applicant. As such, we will not be including a right to an in-person hearing.

We received fewer responses to our proposal to make permanent the requirement that
communications can be sent by email. The feedback we did receive was positive and in
favour of the proposed amendment.

We received no specific feedback to our proposal to 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 choose to have correspondence and notices of hearing sent to.

What happens next?

The consultation closed on 23 February 2022. The final rules can be found in the list of rule amendments below. We’ll continue to work with social workers, employers, people with lived experience and other people with an interest in social work as we consider how to apply these rules and to explain any changes to our work.

Equality impact assessment

Introduction

We’re committed to monitoring the impact, and enhancing the accessibility and content, of all our services to meet our equality duties and objectives. We’ve reflected on the feedback from our consultation to assess the potential positive and negative impacts of our proposals.

Social Work England is the specialist regulator for social workers in England. Between 15 December 2021 and 23 February 2022, we held a public consultation on proposed amendments to our rules relating to electronic service and remote hearings. We received 10 responses to the consultation which included feedback from key stakeholder organisations and adjudicators and legal advisers.

This equality impact assessment sits alongside our consultation response. It is a written record that shows how we’ve taken care to eliminate unlawful discrimination and promote equal opportunities.

As part of the equality impact assessment, we found that social workers from some protected characteristic groups could be impacted negatively. These impacts related to the effect that the changes to our rules around electronic communication and defining ‘place’ of a hearing might have on people with disabilities, or due to people’s age.

These areas are set out below, along with the action we will take.

Outline of our proposed amendments to our rules

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. 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.

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. We are therefore proposing the following changes be made to our rules:

• include a definition of ‘place of the hearing’, so that it is clear that a hearing can be held remotely, in-person or a combination of both (hybrid hearing);
• 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 choose to have correspondence and notices of hearing sent to.

Consultation responses

Through our consultation, we asked respondents if they thought our proposed changes would have a positive, negative or no impact on people in different protected characteristics groups, and in what way. The responses have helped us to understand which groups respondents thought would be most impacted and consider areas for change and improvement.

What people said

The feedback we received regarding the potential impact on people with protected
characteristics largely focussed on concerns around people having an option of in-person or remote hearings. This feedback on how we use remote hearings falls outside of the scope of this
specific consultation which focuses solely on Social Work England being able to conduct remote hearings in future. Guidance on how we use remote hearings will be detailed in a later consultation that will include the factors that need to be considered when deciding how a hearing should take place.

No feedback was received relating to the use of electronic communication, or clarity around who a social worker might nominate to receive documentation on their behalf.

Definition of ‘place of a hearing’

Providing a definition of ‘place of a hearing’ does not in itself impact on any protected characteristic groups positively, or negatively. When we come to consider how our rules might be applied in deciding what format a hearing should take we will need to consider the ways in which protected characteristic groups might be positively or negatively impacted.

Electronic communication

Individuals with protected characteristics related to disability may find receiving documents and correspondence electronically more accessible. Providing electronic communication (in an accessible format) enables the use of screen readers which could aid people with various disabilities or impairments to access information more readily than in written form.

Providing documents and correspondence electronically could however negatively impact people with other accessibility requirements. If communication is not sent out electronically in an accessible format then it is likely to be incompatible with many screen readers and software used by people with disabilities/impairments. To mitigate any potential negative impact, documents and correspondence can be provided in accessible formats. In making changes to our rules, Social Work England retains the ability to use additional methods of communication which provides more flexibility to communicate with social workers and their representatives in a method that is most appropriate for them.

Our professional standards set expectations in relation to what all social workers must know, understand and be able to do. Standard 3.10 makes clear that social workers will establish and maintain skills in information and communication technology and adapt their practice to new ways of working, as appropriate. As such, we expect the use of electronic service to have minimal, if any, impact on social workers.

We have considered how other individuals whom we may engage with via electronic means (including witnesses in fitness to practise cases) could be impacted. Some individuals with protected characteristics relating to age may be impacted differently depending on whether they feel electronic communication is more or less accessible to them. In order to mitigate any potential negative impact, we are able to provide correspondence and documentation via hard copy, and provide advice to those trying to access materials online. 

Nominated representatives

Social workers with protected characteristics relating to disability may find a positive impact in our proposed changes relating to corresponding with representatives. Social workers with
disabilities may find accessing correspondence and notices of hearing easier if they are able to nominate someone to receive, and support them in accessing this documentation.

Sign off

This equality impact assessment has been undertaken and signed off in accordance with Social Work England’s responsibilities under the Public Sector Equality Duty, as set out in the Equality Act 2010.

Name: Sarah Blackmore

Title: Executive Director, Strategy, Policy and Engagement

Date approved: 13 April 2022