Removal from the Register and Registration Appeal Rules 2019 archive: version 2

In place from 9 April 2020 to 19 April 2022.

Part 1: Introduction

Citation and commencement

1. (1) Social Work England has made these Rules in accordance with regulation 3 of The
Social Workers Regulations 2018.

(2) These Rules are made in exercise of powers conferred by regulation 14(6) and 19(5)
of The Social Workers Regulations 2018.

(3) These Rules may be cited as The Social Work England (Registration – Removal from
the Register and Registration Appeals) Rules 2019 and come into force on the date
on which section 39(1) of the Children and Social Work Act 2017 comes into force.

Interpretation

2. In these Rules:

‘adjudicator’ means an individual appointed under regulation 19(3).

‘appellant’ means a person who has appealed in accordance with regulation 19(1).

‘entry in the register’ means information recorded in the register in accordance with
regulation 9.

‘listed offence’ has the meaning given in regulation 26(8).

‘register’ means the register of social workers in England described in section 39(1) of the
Children and Social Work Act 2017.

‘registered social worker’ has the meaning given in regulation 2(5) and registrant is to be
construed accordingly.

‘registrant’ means a registered social worker.

‘registration appeal’ means an appeal made in accordance with regulation 19.

‘regulation’ means a regulation in The Social Workers Regulations 2018 and 'regulations'
shall be interpreted accordingly.

‘regulator’ means Social Work England or a person carrying out the functions of the
regulator set out in the Regulations.

‘removal order’ means an order issued in accordance with paragraph 13(1)(a) of Schedule 

‘Social Work England online account’ means a tool delivered via the regulator's website that provides a secure communication channel for the regulator to communicate with the
registrant.

Part 2: Removal from the register

3. Other than removal under regulation 14(1)(b) or 14(1)(e), the procedures in this Part
must be followed where the regulator proposes to remove a registrant's entry in the
register under regulation 14(1).

4. (1) Where the regulator becomes aware that a registrant’s entry in the register may
have been fraudulently procured or incorrectly made, it may request such evidence
or information as it considers necessary to determine whether this is the case,
including making a request to the registrant in accordance with regulation 16(2).

(2) The recipient of a request made under paragraph (1) must respond within 28
calendar days of service (and rule 22 shall apply).

(3) A request under paragraph (1) must:

(a) be in writing;

(b) specify the name and address to which the evidence or information must be
sent;

(c) inform the individual of the regulator's powers under regulation 16(5) if they
fail to provide the information or evidence requested; and

(d) inform the individual that they would be committing an offence if they fail to
provide information or evidence requested, as set out in regulation 32(1).

(4) If a person other than a registrant fails to provide information or evidence
requested in accordance with rule 4(2), they commit an offence as set out in
regulation 32(1) and are liable on summary conviction to a fine.

5. Where the regulator intends to remove a registrant's entry in the register in
accordance with regulation 14(1)(g), notification of the death must be received in
writing.

Making representations

3. Other than removal under regulation 14(1)(b) or 14(1)(e), the procedures in this Part
must be followed where the regulator proposes to remove a registrant's entry in the
register under regulation 14(1).

4. (1) Where the regulator becomes aware that a registrant’s entry in the register may
have been fraudulently procured or incorrectly made, it may request such evidence
or information as it considers necessary to determine whether this is the case,
including making a request to the registrant in accordance with regulation 16(2).

(2) The recipient of a request made under paragraph (1) must respond within 28
calendar days of service (and rule 22 shall apply).

(3) A request under paragraph (1) must:

(a) be in writing;

(b) specify the name and address to which the evidence or information must be
sent;

(c) inform the individual of the regulator's powers under regulation 16(5) if they
fail to provide the information or evidence requested; and

(d) inform the individual that they would be committing an offence if they fail to
provide information or evidence requested, as set out in regulation 32(1).

(4) If a person other than a registrant fails to provide information or evidence
requested in accordance with rule 4(2), they commit an offence as set out in
regulation 32(1) and are liable on summary conviction to a fine.

5. Where the regulator intends to remove a registrant's entry in the register in
accordance with regulation 14(1)(g), notification of the death must be received in
writing.

Part 3: Registration appeals 

11. (1) Where the regulator has received a registration appeal submitted in accordance
with regulation 19(1) the appeal must be handled in accordance with that regulation
and with this Part.

12. (1) An appeal must be made in writing to the regulator, setting out the grounds of
appeal, within 28 calendar days of the appellant being notified of the decision to be
appealed.

(2) An appeal made under paragraph (1) must state whether the appellant requests
that the appeal is considered at an oral hearing.

13. (1) The regulator must appoint at least two adjudicators to determine the case, of
which at least one must be a lay person.

(2) The chair of any hearing or meeting must be a lay person.

14. When appointing the adjudicators, the regulator must:

(1) Appoint a legally qualified adjudicator; or

(2) Appoint a solicitor or barrister of not less than 10 years standing to act as a legal
adviser.

15. (1) Adjudicators may regulate their own procedures and must conduct the hearing in
the manner they consider fair.

(2) Adjudicators may:

(a) decide whether to dispose of the registration appeal with or without a hearing,
subject to paragraph (4);

(b) require persons other than the appellant to provide documents and, where a
hearing is to be held, attend and give evidence;

(c) give directions as to what evidence is to be considered, including new evidence
that has not previously been considered by the regulator;

(d) give any other directions as they consider necessary;

(3) Where the appellant or the regulator fails to comply with these Rules, or a
direction given under paragraph (1) above, the adjudicators may:

(a) draw adverse inferences; and

(b) refuse to admit evidence where the failure relates to the admissibility of
that evidence.

(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.

(5) Where a hearing is to be held, the appellant must be given at least 28 calendar
days' notice of the hearing in accordance with the requirements of rule 23(1)(a) and
the notice must include the dates, times and place of the hearing.

16. Where a hearing is held, the appellant and the regulator may:

(1) Attend the hearing;

(2) Be represented at the hearing by a solicitor or counsel or, in the case of the
appellant:

(a) a representative from any professional organisation of which the
appellant is a member; or

(b) at the discretion of the adjudicators, a member of the appellant’s family
or other suitable person;
providing that that person is not to be called as a witness at the hearing;

(3) Make oral representations, either themselves or through a representative; and

(4) Call witnesses in support of their appeal, providing that they have given the
adjudicators at least 7 calendar days' notice of their intention to call the witness.

17. (1) Subject to paragraphs (2) and (3) below, a hearing under these Rules shall be held
in public

(3) Where the appellant or the regulator fails to comply with these Rules, or a
direction given under paragraph (1) above, the adjudicators may:

(a) draw adverse inferences; and

(b) refuse to admit evidence where the failure relates to the admissibility of
that evidence.

(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.

(5) Where a hearing is to be held, the appellant must be given at least 28 calendar
days' notice of the hearing in accordance with the requirements of rule 23(1)(a) and
the notice must include the dates, times and place of the hearing.

16. Where a hearing is held, the appellant and the regulator may:

(1) Attend the hearing;

(2) Be represented at the hearing by a solicitor or counsel or, in the case of the
appellant:

(a) a representative from any professional organisation of which the
appellant is a member; or

(b) at the discretion of the adjudicators, a member of the appellant’s family
or other suitable person;
providing that that person is not to be called as a witness at the hearing;

(3) Make oral representations, either themselves or through a representative; and

(4) Call witnesses in support of their appeal, providing that they have given the
adjudicators at least 7 calendar days' notice of their intention to call the witness.

17. (1) Subject to paragraphs (2) and (3) below, a hearing under these Rules shall be held
in public

Part 4: Notice

23. (1) (a) A notice or communication to the appellant or registrant (as the case may be)
under these Rules must be:

(i) placed on the Social Work England online account where the appellant
or registrant has agreed to accept notices or communications from the
regulator via the Social Work England online account;

(ii) sent by next day delivery service or ordinary post to an address
provided by the appellant or registrant to the regulator; or

(iii) sent by electronic mail to an electronic mail address held by Social
Work England.

(b) Service of any notice or communication may be established by:

(i) (aa) a signed statement from a person causing the notice or
communication to be placed on the Social Work England online
account, and

(bb) a certified copy of a message sent by electronic mail to the
appellant or registrant informing the appellant or registrant of the
placement of the notice or communication on the Social Work
England online account; or

(ii) a confirmation of posting issued by or on behalf of the Post Office, or
other postal operator or delivery service; or

(iii) a signed statement from the person sending by ordinary post,
electronic mail or delivering the notice or document in accordance with
this rule.

(2) Where any notice or communication is sent or otherwise served under these
Rules, it must be treated as having been served:

(a) where the notice or communication is placed on the Social Work England
online account, on the day an electronic message is sent to the appellant or
registrant informing them of the placement of the notice or communication
on the Social Work England online account;

(b) where the notice or communication has been left at an address, on the
day it was left;

(c) where the notice or communication has been sent by next day delivery
service, the day after the date it was sent;

(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.

(3) (a) The appellant or registrant may nominate a solicitor, professional body, or
trade union to accept service on their behalf of any notice or communication
sent under these Rules.

(b) Where the appellant or registrant makes a nomination under subparagraph (a), service may be proved by delivery to the nominee under the provisions of paragraph (2).