Adjudicator consensual disposal guidance

First draft published: 20 October 2025

• About this guidance
• What is adjudicator consensual disposal?
• Requirements for adjudicator consensual disposal
• What are the benefits of adjudicator consensual disposal?
• Procedure for applying for adjudicator consensual disposal
• Adjudicator consensual disposal hearing
• Re-listing the case for a final hearing

About this guidance

This guidance is for (all of the following):

• social workers and their representatives
• adjudicators
• legal advisers
• Social Work England’s external legal provider
• Social Work England’s hearings team

What this guidance will cover

This guidance will cover (all of the following):

• what is adjudicator consensual disposal
• requirements for adjudicator consensual disposal
• what are the benefits of adjudicator consensual disposal
• procedure for applying for adjudicator consensual disposal
• adjudicator consensual disposal hearing
• relisting the case for a final hearing

What is adjudicator consensual disposal?

Adjudicator consensual disposal is a process where Social Work England and the social worker (or their representative, if applicable [1]) seek to conclude a case without the need for a disputed hearing. A “disputed hearing” is a fitness to practise final hearing, where the adjudicators will be required to scrutinise all evidence, including live evidence, hear submissions and make decisions on facts, grounds, impairment and, if necessary, sanction. 

Please see our hearings guidance for social workers for details of the final hearing process.

Either the social worker or Social Work England can suggest that the case is appropriate for adjudicator consensual disposal.

Social Work England and the social worker can jointly propose to the adjudicators what they both agree is an appropriate outcome to the case. It does not affect the adjudicator’s powers or the range of sanctions available.

Adjudicator consensual disposal is not a process that provides a way for the social worker to negotiate the withdrawal of certain allegations, in exchange for admitting others.

Social Work England will proceed with all regulatory concerns referred by the case examiners, unless the adjudicators have formally discontinued a regulatory concern. Further information about discontinuance can be found in our discontinuance guidance.

[note 1] If a social worker has a representative, then reference to social worker in this guidance includes reference to the social worker’s representative.

Requirements for adjudicator consensual disposal

For a case to be appropriate for adjudicator consensual disposal (all of the following):

• The case examiners have referred the case to the adjudicators.
• All evidence that Social Work England intends to rely on at the final fitness to practise hearing has been obtained.
• Social Work England has carried out a full assessment of the evidence relating to the allegation(s), and the nature and extent of the allegation(s) against the social worker.
• The external legal provider, on behalf of Social Work England, must have sent to the social worker:
  • a draft statement of case [2], setting out the basis for alleging impairment of fitness to practise
  • all witness statements and evidence Social Work England intends to rely on at the final hearing
• The social worker must admit:
  • the key facts that raise the question of the social worker’s impairment
  • that their fitness to practise is currently impaired

The adjudicators may reject the proposed outcome if they do not agree (with either of the following):

• that the social worker’s fitness to practise is impaired or
• with the proposed sanction

[note 2] A statement of case will include a background to the case, the allegations of impaired fitness to practise against a social worker, a summary of the evidence that is being relied on and any admissions and evidence provided by the social worker.

What are the benefits of adjudicator consensual disposal?

Adjudicator consensual disposal has several benefits. It (all of the following):

• avoids a disputed hearing, which may reduce the stress of a fitness to practise hearing on the social worker
• enables cases to be concluded more quickly
• means that witnesses are not required to attend the hearing to give live evidence, reducing stress and inconvenience to them
• avoids unnecessary disputed hearings, which releases resources for other cases
• enables a reduction in hearing length and a reduction in costs

Procedure for applying for adjudicator consensual disposal

Procedure summary

The key steps in the process are:

• The external legal provider discloses the statement of case and evidence to the social worker, with an accompanying ‘response form’.
• The social worker completes the ‘response form’ indicating that they would like their case to be considered for adjudicator consensual disposal.
• Social Work England will decide if the requirements for adjudicator consensual disposal are met.
• If so, Social Work England will inform the social worker of:
  • the admissions necessary for the case to proceed by way of adjudicator consensual disposal
  • the proposed sanction
• If the social worker makes the necessary admissions and agrees the sanction proposed by Social Work England, we will send a draft ‘consensual disposal agreement’ to the social worker.
• If the social worker agrees to the terms of the ‘consensual disposal agreement’, the case will be listed for an adjudicator consensual disposal hearing.
• At the hearing, the adjudicators will decide whether to accept or reject the proposed outcome agreed by Social Work England and the social worker.

More information about each of these steps is set out below.

Social worker

If the social worker would like their case to be considered for adjudicator consensual disposal, they should complete the relevant section of the response form sent with the statement of case and evidence.

The request will be reviewed by Social Work England who will consider if the requirements for adjudicator consensual disposal are met. If they are, Social Work England will propose the appropriate sanction. The external legal provider, on behalf of Social Work England, will write to the social worker to tell them the sanction being proposed.

If the requirements are not met, the external legal provider will contact the social worker to explain why the case cannot proceed to an adjudicator consensual disposal. There is no right of appeal to this decision. [3]

Social Work England will seek to resolve any concerns about whether the social worker understands the implications of seeking an adjudicator consensual disposal. If it is not possible to resolve those concerns, it may not be possible to pursue an adjudicator consensual disposal.

[note 3] Paragraph 16 of Schedule 2 to The Social Workers Regulations 2018 (as amended) sets out the decisions a social worker may appeal to the High Court.

Social Work England

Social Work England can suggest to the social worker that the case may be appropriate for adjudicator consensual disposal, if the social worker has made admissions to the key facts that raise the question of the social worker’s impairment.

Proposed sanction

If the case meets the requirements for adjudicator consensual disposal, Social Work England will apply the impairment and sanctions guidance and propose the appropriate sanction. The proposed sanction will be the minimum sanction necessary to protect the public and the wider public interest.  

Sanctions available to the adjudicators include (any of the following):

• no further action
• advice
• warning order
• conditions of practice order
• suspension order
• removal order

If the proposed sanction is one of the following, then it may also be necessary to propose an interim order [4]:

• a warning order
• conditions of practice order
• suspension order
• removal order

These orders are also known as “final orders”.

[note 4] Hearings guidance for social workers (see section ‘interim orders imposed once a final hearing has started’)

The process

Following receipt of the social worker’s completed response form, if the case is appropriate for adjudicator consensual disposal, our external legal provider will write to the social worker. This will set out the necessary admissions the social worker must agree to for the case to proceed with an adjudicator consensual disposal. This will include (all of the following):

• the key facts that raise the question of the social worker’s impairment
• the relevant professional standards that have been breached and the statutory ground(s) of impairment
• the evidence that supports a finding of current impairment

The correspondence will also set out the proposed sanction [5], including any interim order and the reasons for it, with reference to the Impairment and Sanctions guidance.

The external legal provider will provide a timeframe for the social worker to respond. This is normally between 14 and 21 calendar days. When determining the timeframe, the timetable set out under the pre-hearing case management process will be taken into account. For example, the date of the listed final hearing.

Social Work England will not ‘negotiate’ the appropriate sanction. However, if the proposed sanction is a conditions of practice order, some discussion may be required to ensure that any proposed conditions are workable.

[note 5] Social Work England is not bound by any sanction proposed by the case examiners under the accepted disposal process. The adjudicators will decide the appropriate sanction, based on the evidence available. This may be different to that considered by the case examiners.

Consensual disposal agreement document

The social worker will then need to confirm whether or not they (all of the following):

• admit the key facts
• accept the statutory ground(s) of impairment
• admit that their fitness to practise is currently impaired    
• agree the proposed sanction

If the social worker confirms the above, the external legal provider will prepare the draft consensual disposal agreement document which will include (all of the following):

• an agreed statement of facts
• an admission to the ground(s) of impairment, together with reasons that refer to the relevant professional standards
• the proposed agreed sanction, with reference to the impairment and sanctions guidance, and any interim order

It will also include a declaration that the social worker understands that (all of the following):

• the adjudicators may reject the agreement and may reach a different view on whether the social worker’s fitness to practise is impaired, and what sanction to impose (if any)
• if the adjudicators do reject the agreement, the case will be re-listed for a final hearing to determine impairment and, if applicable, sanction
• at the re-listed hearing, the adjudicators will be provided with the social worker’s agreed statement of facts and admissions in relation to the ground(s) of impairment
• at the re-listed hearing, the adjudicators will not generally be provided with details of the sanction proposed within the draft consensual disposal agreement. This is to ensure that the adjudicators reach an independent determination about a sanction

The external legal provider will provide a timeframe for the social worker to decide whether they agree to the draft consensual disposal agreement. This is normally between 14 and 28 calendar days. However, the external legal provider will consider the timetable set out in the directions issued under the pre-hearing case management process.

Sometimes, social workers may have circumstances that mean they need an extended timeframe to respond. For example, if the social worker is unwell or where reasonable adjustments need to be made. A longer timeframe for a response might be necessary if the social worker wants to seek factual amendments to the draft consensual disposal agreement or requires more support to understand the process.

Social worker agrees to the consensual disposal agreement

The social worker should read and understand the consensual disposal agreement before signing it. If they have a representative, they should seek advice from that representative before signing the agreement. Where they do not have a representative, they may wish to consider seeking advice.

If there are any factual inaccuracies in the draft agreement, they should raise this with the external legal provider before signing the document. Social Work England will not ‘negotiate’ the terms but will consider changes to the agreement where there are factual inaccuracies.

If the social worker agrees to the proposal, they should sign and return it to the external legal provider. The case will then proceed to a consensual disposal hearing with the adjudicators. 

Social worker does not agree to the consensual disposal agreement

If the social worker does not agree to the proposed sanction or to the draft agreement, the case will proceed to a final hearing.  At the final hearing, the adjudicators will be provided with the social worker’s admissions in relation to facts and ground(s) of impairment. The adjudicators must find the admitted facts proved.

However, they will need to decide whether the social worker’s fitness to practise is impaired on the basis of the admitted facts. [6]

[note 6] Rule 32(c)(i)(aa) of the Fitness to practise rules 2019 (as amended)

Representation and advice

We recommend the social worker considers seeking independent advice before applying for adjudicator consensual disposal. The social worker may also wish to consider appointing a representative to help them through the process. This could include (any of the following):

• a legal representative
• a representative from any professional organisation of which the social worker is a member, including trade unions
• a member of the social worker’s family or other suitable person, subject to the approval of Social Work England or the adjudicators (who will consider any application)

Complainant comments

Social Work England does not seek the complainant’s comments for final hearings and will not seek them on the proposed consensual disposal. The complainant will however be informed of the final outcome.

Adjudicator consensual disposal hearing

Social Work England’s hearings team will schedule the hearing before a panel of at least 2 adjudicators. The panel will always include a lay chair. This is someone who is not a registered social worker nor holds the qualifications that would entitle them to be registered. The panel will also include a social worker adjudicator (a registered social worker). The panel may also include an additional lay panel member. An independent legal adviser will also be at the hearing. Their role is to provide advice to the adjudicators in relation to the legal framework which governs the proceedings. 

If the social worker indicates that they do not wish to attend the consensual disposal hearing, they will be asked to confirm to the external legal provider that they agree to the case proceeding in their absence. However, even if the social worker does not agree to the hearing proceeding in their absence, the adjudicators may still proceed. This can only happen if they have been served with the notice of the hearing not less than 28 calendar days before the start of the hearing. [7]

[note 7] Rule 43 of the Fitness to practise rules 2019 (as amended)

Evidence provided to the adjudicators at a consensual disposal hearing

Where the social worker has signed the consensual disposal agreement, Social Work England will provide the adjudicators with (all of the following):

• the statement of case
• a signed consensual disposal agreement
• the final hearing documents, which will usually include (all of the following):
  • witness statement(s)
  • documents that are referenced in the witness statements
  • documents containing the social worker’s response or other documents they wish to rely on
  • the notice of hearing and documents that prove it has been sent to the social worker

The final hearing documents will contain the relevant evidence relied on by both Social Work England and the social worker. 

Public hearing

The adjudicator consensual disposal hearing will be held in public [8] unless (either of the following):

• the adjudicators are considering the physical or mental health of the social worker [9]  
• they determine to hold part or all of the hearing in private [10]

As with other final hearings, Social Work England will publish the allegation in advance of the adjudicator consensual disposal hearing on Social Work England’s website. [11]

[note 8] Rule 37 of the Fitness to practise rules 2019 (as amended)

[note 9] Rule 38(a)(ii) of the Fitness to practise rules 2019 (as amended)

[note 10] Rule 38 (b) of the Fitness to practise rules 2019 (as amended)

[note 11] Fitness to practise publications policy

Witnesses

The consensual disposal agreement will include a statement of agreed facts.  For this reason, neither Social Work England nor the social worker will call any witnesses to give live evidence. The adjudicators shall find those facts proved. [12]

[note 12] Rule 32(c)(i)(aa) of the Fitness to practise rules 2019 (as amended)

Attendance at the hearing and submissions

The social worker is encouraged to attend the hearing so that they are available to answer any questions the adjudicators may have. If the social worker chooses not to attend the hearing, it is recommended that they are contactable while the hearing is taking place.

Social Work England’s case presenter will attend the hearing to answer any questions the adjudicators may have.

In most cases, the adjudicators will not need to hear oral submissions from either the social worker or the Social Work England case presenter because (all of the following):

• The written statement of case and agreed statement of facts will set out the background and admitted facts, with reference to the evidence, together with submissions on the statutory ground and impairment.
• The social worker will have admitted the facts and ground(s) of impairment set out in the statement of case.
• The consensual disposal agreement will:
  • set out the reasons why the social worker agrees their fitness to practise is impaired, referring to the relevant professional standards.
  • set out the agreed sanction, with reference to the impairment and sanctions guidance, together with any interim order

However, the adjudicators can invite Social Work England and the social worker to make submissions [13] on the matter(s) to be determined.

[note 13] Rule 32(c)(iii) of the Fitness to practise rules 2019 (as amended)

The adjudicators’ decision

The adjudicators shall find the admitted facts (as set out in the consensual disposal agreement) proved. [14]

However, the adjudicators must ensure that they have sufficient evidence on which to base their professional judgement in relation to current impairment and sanction, in order to decide whether the proposed consensual disposal should be accepted. [15]

For this reason, the adjudicators will be provided with relevant documentary evidence, together with the proposed consensual disposal agreement which contains the social worker’s declaration. 

The adjudicators may regulate their own proceedings in the manner they consider to be fair [16] and may decide the form of any hearing [17] but they must (all of the following):

• determine whether the social worker’s fitness to practise is impaired on the basis of the admitted facts [18]
• if the adjudicators determine that the registered social worker’s fitness to practise is impaired, they must then determine what, if any, sanction to impose, and if any interim order is required [19]

This means that the adjudicators can decide to reject the proposed outcome agreed by Social Work England and the social worker. The adjudicators may have a different view about whether the social worker’s fitness to practise is impaired and what sanction, if any, is necessary to protect the public and the wider public interest. The adjudicators may consider that a less restrictive or more restrictive sanction is necessary.

The adjudicators must have in mind Social Work England’s overarching objective and be satisfied that any adjudicator consensual disposal is sufficient to protect the public by (all of the following):

• protecting, promoting and maintaining the health, safety and wellbeing of the public
• promoting and maintaining public confidence in social workers in England
• promoting and maintaining proper professional standards for social workers in England

[note 16] Rule 32(a) of the Fitness to practise rules 2019 (as amended)

[note 17] Rule 32(b)(iii) of the Fitness to practise rules 2019 (as amended)

[note 18] Rule 32(c)(i)(b) of the Fitness to practise rules 2019 (as amended)

[note 19] Rule 32(c)(i)(c) of the Fitness to practise rules 2019 (as amended)

If the adjudicators accept the consensual disposal agreement

If the adjudicators agree that the social worker’s fitness to practise is impaired and that the proposed agreed sanction is the minimum necessary to protect the public and the wider public interest, their decision should include (all of the following):

• the consensual disposal agreement reached by Social Work England and the social worker
• the factors considered when they assessed seriousness and impairment. The decision should address and explain each factor. This includes the relative weight given to each factor
• the reasons for the decision on impairment or sanction, together with any interim order. The reasons should explain the decision makers’ reasoning on (all of the following):
  • the current risk to public safety
  • any risk in maintaining public confidence in the social work profession
  • any risk in maintaining the professional standards for social workers
  • why the sanction is proportionate

When addressing each of the above, the adjudicators may use the content of the consensual disposal agreement in their decision.

Social Work England will publish the adjudicators decision in line with its fitness to practise publications policy. The length of publication will be determined by the sanction imposed.

If the adjudicators do not agree with the consensual disposal agreement

If the adjudicators do not agree with the proposed outcome set out in the consensual disposal agreement, before making any final decision they should consider (any of the following):

• Where the adjudicators have any concerns about the proposed finding of impairment or sanction, they should invite submissions on those issues from both Social Work England’s case presenter and the social worker (the parties).  
• Where the adjudicators consider that further essential information is required to determine impairment or sanction, they should invite submissions from both parties:
  • If the parties are able to provide the information, or
  • having considered submissions on whether the information is required, the adjudicators determine that it is not. The adjudicators may accept the agreement or propose an alternative outcome. However, if the information is not available and the adjudicators consider it necessary to determine an appropriate outcome, they must reject the consensual disposal agreement.
• Where the adjudicators wish to impose a different outcome to that agreed by the parties, they should invite submissions from both parties. If both parties agree to the outcome proposed by the adjudicators, the adjudicators will determine the case on that basis. If the parties do not agree, the adjudicators must reject the consensual disposal agreement.

Submissions or agreement by telephone or email will be considered by the adjudicators.

If the adjudicators reject the consensual disposal agreement

The adjudicators must reject the proposed consensual disposal if (either of the following):

• they are not satisfied that the proposed consensual disposal is sufficient to protect the public and the wider public interest
• the parties do not agree to any alternative outcome proposed by the adjudicators

If the adjudicators reject the consensual disposal agreement (all of the following):

• they will adjourn the hearing [20] and direct that the case will be re-listed for a final hearing to determine impairment and, if applicable, sanction
• their decision should set out the reasons why they rejected the proposed consensual disposal
• the adjudicators may make recommendations on further information which they consider may assist a future final hearing panel

Social Work England will not publish the decision rejecting the consensual disposal agreement. This is because the case has not yet been determined at this stage. A decision will be published following the conclusion of the re-listed final hearing.

[note 20] Rule 32(a) and Rule 32(b)(iv) of the Fitness to practise rules 2019 (as amended)

Re-listing the case for a final hearing

If the adjudicators reject the proposed consensual disposal agreement, the case will be re-listed for a final hearing to determine impairment and, if applicable, sanction. The pre-hearing case management process will apply.

The final hearing will be listed taking into account the availability of the parties. It will not usually be listed before the same panel of adjudicators. This is to enable the final hearing to take place as soon as reasonably practicable. 

A notice of hearing will be served 28 days before the start of the hearing and the final hearing will be conducted in accordance with rule 32. [21]

At the final hearing, the adjudicators will be provided with the social worker’s admissions in relation to facts and ground(s) of impairment. The adjudicators must find the admitted facts proved. [22] However, they will need to determine whether the social worker’s fitness to practise is impaired on the basis of the admitted facts.

[note 21] Fitness to practise rules 2019 (as amended)

[note 22] Rule 32(c)(i)(aa) of the Fitness to practise rules 2019 (as amended)