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Interim order guidance for social workers

Interim order guidance for social workers

Last updated: 18 March 2025

Contents

What is this guidance about?

The Social Workers Regulations 2018 (as amended) (‘the regulations’) allows adjudicators to impose an interim order by (doing either of the following):

  • place conditions on a social worker’s practice
  • suspend a social worker’s registration

Adjudicators can make an interim order at any of the following times:

  • while a fitness to practise investigation is taking place [1]
  • when adjudicators have started a final fitness to practise hearing [2]
  • when adjudicators are making a final order [3]

This guidance provides practical information about the interim order process. It sets out (all of the following):

  • what an interim order is
  • the role and responsibilities of the people involved in the process
  • what happens before we make a referral
  • what happens at an interim order application hearing or meeting
  • what happens after a hearing, including reviews of interim orders

Further information about the factors considered when referring a case for an interim order application is available in our referral for an interim order guidance.

[1] Schedule 2, paragraph 8(1) and (2) of the regulations

[2] Schedule 2, paragraph 11(1)(a) of the regulations

[3] Schedule 2, paragraph 11(1)(b) of the regulations

Who is this guidance for?

This guidance is primarily for social workers, where both of the following apply:

  • the adjudicators are considering an interim order application
  • the fitness to practise investigation is ongoing

This guidance does not apply to interim order applications which we make, or which the adjudicators impose (at either of the following times):

  • during a fitness to practise hearing
  • at the end of a fitness to practise hearing (after imposing a final order, to cover any appeal period)

This guidance can also help employers and members of the public understand the interim order process.

What is an interim order?

Social Work England may ask the adjudicators to impose an interim order if we have serious fitness to practise concerns about you.

An interim order will (do either of the following):

  • prevent you from practising as a social worker in England
  • place conditions on your practice (meaning there are limits on what you can do as a social worker in England)

The adjudicators will decide whether to impose an interim order.

Why would an interim order be necessary?

When considering the application, the adjudicators will complete a risk assessment. They will consider whether an interim order is necessary (for either, or both, of the following): [4]

  • for the protection of the public
  • in your best interests

They will impose an interim order if they think (both of the following):

  • there is a risk (to the public, yourself, or both)
  • restrictions on your practice are necessary to prevent that risk while the fitness to practise investigation takes place

The adjudicators can impose an interim order while the investigation is ongoing (before making a final decision). This does not mean that the fitness to practise allegations against you have been found proved. The adjudicators do not make findings of fact when considering or imposing interim orders.

[4] Schedule 2, paragraph 8(2) of the regulations

How long is an interim order imposed for?

While an investigation is ongoing, the adjudicators can impose an interim order for up to 18 months. [5] The interim order will stay in place for the time period set out in the order.

Social Work England can apply to the High Court to extend the interim order. We will do this if we think there needs to be an extension (see section ‘high court extensions’ in this guidance).

[5] Schedule 2, paragraph 8(5) of the regulations

When does the interim order take effect?

If the adjudicators impose an interim order, it will take effect immediately. This is regardless of whether you file an appeal (see ‘appeals’ section below).

You must comply with an interim order once the adjudicators have imposed it. If you do not, you will be in breach of the interim order. A breach of an interim order is a serious issue. If you do this, we may take further regulatory action against you.

Understanding the interim order

It is important that you understand (all of the following):

  • the adjudicators decision
  • the impact this decision has on your practice
  • what you need to do
If you attend the interim order application hearing

You should carefully consider the decision as soon as possible. Speak to your representative or the legal adviser immediately if you have any questions.

If you do not attend the application hearing

You should carefully review a copy of the decision when we send it to you. You should contact our hearings team if you have any questions.

When does an interim order end?

An interim order will no longer have effect (in any of the following circumstances):

  • at the end of the time period set out in the interim order [6]
  • if the adjudicators revoke the order at a review
  • if the case examiners determine that there is no realistic prospect of the adjudicators finding your fitness to practise impaired
  • if the case examiners conclude the case by taking no further action
  • if the case examiners conclude the case by giving you advice
  • if the adjudicators determine at a final hearing that your fitness to practise is not impaired
  • if the case examiners make a final order on the case (with your agreement)
  • if the adjudicators make a final order on the case (after the expiry or disposal of any appeals)
  • if you appeal the decision to impose the interim order, and the High Court quashes (cancels) the decision

[6] This is the period set out by the adjudicators or, if Social Work England applies to the High Court for an extension under schedule 2, paragraph 14(3), this will be the period of time set out by the High Court.

After making an interim order application

When we decide we will make an interim order application, both of the following will happen:

  • the fitness to practise team will tell you about the application
  • the hearings team will appoint a panel of at least two adjudicators to consider the application

The adjudicators will consider the application at (either of the following):

  • a hearing (with the parties)
  • a meeting (without the parties)

‘The parties’ refers to (both of the following):

  • you or your representative
  • Social Work England (who will have a case presenter presenting on our behalf)

At a hearing

At a hearing
We will invite the parties to attend a hearing. The hearing will take place in front of the adjudicators. Both parties can attend and make oral arguments. It is not a requirement for you to attend but we would recommend you do so (see ‘attendance and representation’ below).

At a meeting

The adjudicators will consider the application without the parties in attendance. They will do this by reviewing the documents. This can include any written comments or arguments provided in advance.

Interim order hearings

Scheduling the hearing

For all interim order applications, the hearings team will identify a hearing date.

They will schedule the hearing to take place very quickly because of the urgent nature of the application. It is usually scheduled within 20 working days.

Notice of hearing

Once the hearings team have identified a hearing date, the case presenter (acting on behalf of Social Work England) will write to you (or your representative, if you have one). They will provide (all of the following):

  • the reasons why Social Work England consider an interim order may be necessary
  • the date of the hearing
  • the bundle of documents Social Work England will rely on to support the application

This letter or email is commonly referred to as the ‘notice of hearing’.

In this letter, they will ask whether you (or your representative, if you have one) wish to (do either of the following):

  • make written submissions
  • appear before the adjudicators, to make oral arguments about the application

You should tell the case presenter if you plan to attend the hearing. If you do not, the adjudicators may determine the application at a meeting. [7]

You may provide written submissions to the adjudicators regardless of where your application is being considered (either at a hearing or a meeting). You should send these to the case presenter by the date specified in the notice of hearing. This ensures the adjudicators receive the written submissions in time for the hearing or meeting.

[7] This meeting will be held in line with rules 13(c) of the Fitness to Practise rules 2019 (as amended) (‘the rules’) if it is an application and rule 16(c) of the rules if it is an interim order review.

Attendance and representation

A case presenter will attend the hearing. They will make oral submissions on behalf of Social Work England.

At an interim order hearing, you may (do any of the following):

If you have legal or professional representation

You should tell your representative about (both of the following):

  • the interim order application
  • the date of the hearing

You should tell them as soon as possible (if they are not already aware).

You should also tell the case presenter that you are being represented. This can be either legal or professional representation.

Neither you nor your representative are required to attend the hearing. But we recommend that you (do either or both of the following):

  • attend the hearing
  • provide written submissions

If you wish to dispute the making of the interim order, the hearing is your opportunity to do so. You can provide any additional information that you consider may be relevant to the adjudicators. For example, you may wish to tell the adjudicators about why you would not be a risk to the public, public confidence or yourself. You can also provide up to date information about your employment circumstances, or relevant medical information.

If you wish to have representation

You may wish to have a representative but have not arranged it yet.

If so, you should seek legal advice or representation as soon as possible. We will list the hearing within a short time frame, and your representative will need time to prepare.

If you or your representative choose or are unable to attend

Although we recommend that you attend the hearing, you or your representative may choose not to or be unable to attend the hearing. If this is the case, the hearing may still proceed without you.

If you do not attend the hearing and are not being represented, the adjudicators must decide whether (both of the following):

  • the notice of hearing was properly served, or they made reasonable efforts to serve you with notice of the hearing
  • to proceed with the hearing in your absence

If you choose not to attend the hearing, the adjudicators are likely to proceed in your absence.

If you are unable to attend the hearing due to medical reasons, we recommend that you provide medical evidence to support this. It will assist the adjudicators if this evidence addresses:

  • why you are unable to attend and participate in the hearing due to medical reasons
  • whether there are any adjustments that could enable you to attend and participate in the hearing
  • if not, the likelihood of being able to attend a hearing in the future and when this may be

The adjudicators will still consider whether it is fair to go ahead with the hearing in your absence. This will be regardless of if you have said that you are unable to attend because you need more time to:

  • find a representative
  • prepare for the hearing

In doing so they may consider:

  • the urgent nature of the application and the identified risks
  • that you have an opportunity to seek an early review of an interim order (if new evidence becomes available)
  • that you can attend and engage in any future mandatory reviews of the interim order (where they can seek to have the order revoked or changed)

Please see our guidance on service of notices and proceeding in absence for further information.

A case presenter will attend the hearing if the hearing goes ahead without you. They will make oral submissions on behalf of Social Work England.

The adjudicators will also consider any information, documents or written submissions by Social Work England or you in advance of the hearing (see information considered at the hearing below). We would still recommend you provide written submissions and any other relevant information if you choose not to or are unable to attend. The panel will consider them in your absence.

Information considered at the hearing

The adjudicators consider interim order applications based on the potential risks posed to (either or both of the following):

  • the public
  • the social worker (you)

At an interim order hearing, you may provide information by (doing any or all of the following):

  • making written submissions in response to the interim order application
  • providing other documents relevant to the application
  • making an oral argument at the hearing (known as oral submissions)
  • giving evidence at the hearing (after giving an oath or affirmation)
Making written submissions

You may wish to provide written submissions to the adjudicators in advance of the hearing. It is your decision what information you want to include in your written submissions. We would recommend that you focus on the interim order application and the potential risks identified. You may wish to consider addressing the ultimate question for the panel, namely:

  • whether, in the circumstances of the case, it is necessary to impose or maintain an interim order on your registration.

You should be mindful that the interim order panel will not be deciding whether the allegations made against you are proved. They are only assessing risk. You will have the opportunity to provide comments on the investigation into your fitness to practise at the relevant stage of those proceedings.

Written submissions for the interim order process may include (any of the following):

  • any comments you wish to make about the underlying facts, as well as the nature and strength of the evidence to support the concerns
  • any steps you have taken to mitigate any actual or potential risks
  • any measures in place which may mitigate any actual or potential risks
  • the impact of any interim order on you

Before providing any written submissions, it is usually helpful to speak to a union or legal representative. They can help you to prepare.

The adjudicators will consider any written submissions you make when deciding on whether to impose an interim order.

Providing other documents relevant to the application

You are not required to provide any documents to the adjudicators in relation to the application. But it is open to you to do so.

If you do wish to provide documents, you will need to decide what is relevant. We recommend that any documents provided should focus on the application for an interim order and the potential risks identified. Examples might include (any of the following):

  • documentary evidence which speaks to the underlying facts
  • evidence of mitigating circumstances (for example, medical information or information about your role and working environment at the relevant time)
  • certificates or other evidence of training that is relevant to the concerns or to the potential risks
  • confirmation of local measures in place which may mitigate the risks (for example, for health concerns, you can provide evidence from a medical professional or your employer about any reasonable adjustments)
  • information about your current employment (for example, testimonials, feedback, supervision records or appraisal records)
Family court documents/information

Please ensure that there are no legal restrictions on sharing information or documents before sharing with the adjudicators. For example, if the concerns relate to your conduct within Family Court proceedings, you should not share information or documents unless you have permission from the Family Court. It is might also need to be permissible under the Family Procedure Rules. Failure to do so could result in you being in contempt of court. [8]

You should speak to an independent legal representative before sharing information or documents. They can advise on any legal restrictions. Your case review officer, our case presenter and the hearings team are unable to provide you with legal advice about sharing information or documents.

[8] See section 12 of the Administration of Justice Act 1960 for further information about the restrictions on sharing information relating to Family Court proceedings

Making oral submissions

You or your representative can make oral submissions at the hearing. These submissions will set out your comments about and position on Social Work England’s application for an interim order. They should set out whether, in the circumstances of the case, it is necessary to impose or maintain an interim order on your registration. You can provide oral submissions in addition to, or instead of, written submissions.

Much like written submissions, oral submissions may include (any of the following):

  • any comments you wish to make about the underlying facts, as well as the nature and strength of the evidence to support the concerns
  • any steps you have taken to mitigate any actual or potential risks
  • any measures in place which may mitigate any actual or potential risks
  • the impact of any interim order on you

You may also wish to respond to any oral submissions made by Social Work England’s case presenter.

It is usually helpful to speak to a union or legal representative about oral submissions. They can help you prepare these or attend the hearing and provide oral submissions on your behalf.

Giving evidence

The adjudicators do not usually hear oral evidence. This is because they are unable to make findings of fact in relation to the regulatory concerns. But, if you request to give evidence, the adjudicators may admit evidence where it is fair to do so. [9]

If you wish to give evidence, and the adjudicators decide it is fair for you to do so, you will need to repeat (one of the following):

  • an oath
  • a non-religious affirmation

This will be to confirm that the evidence you are giving is the truth. If you do not tell the truth when giving evidence, we can take further regulatory action against you.

When you give evidence under oath or affirmation, it also means that (both of the following):

  • our case presenter can cross-examine you (ask you questions about your evidence)
  • the adjudicators can ask you questions

It is your decision if you wish to request to give evidence at an interim order hearing. The purpose of the hearing is to make a risk assessment based on the information available at that time. As the investigation progresses, more information may become available. But, we will consider any relevant comments you may make while giving evidence during the interim order hearing. This includes any admissions made in relation to the concerns about your fitness to practise.

Before requesting to give evidence, we recommend that you seek advice from a union or legal representative. You may be able to provide any comments you wish to make through written or oral submissions instead. Your union or legal representative can advise you on the risks and benefits of each approach.

[9] Rules 32(a) and (b)(vii) of the Fitness to Practise Rules 2019 (as amended)

Limitations of the hearing

It is important to remember that the adjudicators do not make findings of facts when considering an interim order. This means they do not decide whether the fitness to practise concerns are proven.

They only consider whether you should continue in unrestricted practice while the investigations take place. They will assess whether you may pose a risk to (any of the following):

  • the public
  • public confidence in the profession of social work
  • yourself

Any information you submit should be relevant to the interim order application. In particular, it should be relevant to the potential risks.

You should not confuse the interim order application with the general fitness to practise investigation process. You will have a later opportunity to make full arguments and challenge the concerns. You will do this through (either or both of the following):

This will be your opportunity to challenge the concerns made against you in relation to fitness to practise.

Process at a hearing

Format

Interim order hearings currently take place electronically. We do this by using video conferencing via Microsoft Teams. If you do not have access to a device with a camera, telephone conferencing is also available via Microsoft Teams.

Microsoft Teams has several accessibility features such as (all of the following):

  • closed captioning
  • dark, light and high contrast themes
  • compatibility with screen readers

The hearings team can help you if you need help with any accessibility features.

If you tell the hearings team that you will be attending, they will send you a link to the hearing. They will send this by email, at least one working day before the hearing begins.

We always hold interim order applications and reviews in private. This means that members of the public cannot attend. [10]

[10] Rule 38(a)(i) of the rules

Procedure

Most interim order hearings will follow a procedure like the one set out here: [11]

1. The adjudicator chairing the hearing starts. They will start by introducing the adjudicator(s) and legal adviser. They will also ask the rest of the parties to introduce themselves in turn.

2. The adjudicators will deal with any preliminary issues. This includes (all of the following):

i. deciding whether Social Work England gave you the required notice of the hearing

ii. deciding whether Social Work England properly served the notice of hearing [12]

iii. considering any applications to postpone the hearing

iv. deciding whether it is appropriate to proceed in your absence (if you are not in attendance)

3. The legal adviser will give legal advice to the adjudicators on any preliminary issues. You or your representative will have the opportunity to comment on the legal advice. Social Work England will also have opportunity to comment.

4. The adjudicators will leave the virtual hearing room. They will decide in private about any preliminary matters. They will then return to the hearing room to share this decision verbally.

5. If the adjudicators decide the hearing can go ahead, they will then ask Social Work England’s case presenter to present the application for an interim order. This includes setting out (all of the following):

i. a brief background of the regulatory concern

ii.why Social Work England consider an interim order may be necessary

iii. the type of order they consider necessary

iv. how long to impose the order for

6. The adjudicators will have the opportunity to ask questions of Social Work England’s case presenter.

7. You will have the opportunity to respond to the interim order application. For this, you or your representative may wish to do (either or both of the following):

i. make submissions

ii. give evidence under oath or affirmation

8. The adjudicators will have the opportunity to ask you (or your representative) any questions to clarify anything they are unsure of.

9. Once both parties have had the opportunity to present their arguments, the adjudicators will ask for legal advice from the legal adviser. You (or your representative) will have the opportunity to comment on the legal advice. Social Work England’s case presenter will also have the opportunity to comment.

10. The adjudicators will leave the hearing room to make their decision in private.

11. The adjudicators will return to the hearing room and announce their decision.

The adjudicators will provide reasons for their decision in writing. The hearings team will send these reasons to you as soon as possible after the hearing. Often this will be the same day, but it may be the next working day, depending on what time the hearing concludes.

[11] However, you should be aware that there is no set procedure for how interim order hearings run. Ultimately, it is up to the adjudicators how they run their proceedings, they must just make sure the proceedings are run fairly: rule 32 of the Fitness to Practise Rules 2019 (as amended) 

[12] In accordance with rule 14 and 15 of the rules

Postponement of interim order applications

You can ask for a postponement of the interim order application. If you want to do this, you should carefully review our postponements and adjournments guidance. We will ask you to provide evidence to support your application. If Social Work England do not agree to postpone, the adjudicators will only consider the application to postpone on the day of the hearing or meeting. If Social Work England agrees to postpone, the hearings case manager will usually consider the application in advance of the hearing.

It might be difficult to get a postponement of an interim order hearing or meeting. This is because Social Work England make interim order applications when information suggests you may be a risk. This risk might be to the public, to yourself, or both. For this reason, the adjudicators need to hear the application as soon as is reasonably practical.

Social Work England or the adjudicators must consider each situation and decide on a case-by-case basis when considering a postponement. But it is a statutory requirement that Social Work England protects the public. Social Work England and the adjudicators will keep this requirement in mind when they decide whether to agree to or grant a postponement.

If you are unable to attend the hearing

In some cases, you may seek a postponement because you are unable to attend. For example, this could be because you may need more time to (either of the following):

  • secure representation
  • prepare for the hearing

The adjudicators may still consider going ahead with the hearing. This is because of the urgent nature of the application, and the risks that we have identified.

If you feel this is unfair, you can (do either of the following):

  • seek an early review of an interim order. You can do this if new evidence becomes available
  • attend and engage in any future regular reviews of the interim order. At these reviews, you can seek to have the order revoked or changed

Decision making factors

The adjudicators decide to impose an interim order if it is necessary (for either, or both, of the following): [13]

  • for the protection of the public
  • in your best interests

An interim order may be necessary for the protection of the public. This will be the case if members of the public are at risk, or if there is otherwise a risk to the public interest.

An interim order may be necessary for your own interests. This will be if there is evidence for instance, that you have a health concern that will impact your ability to practice safely as a social worker.

The adjudicators do not investigate or make findings of facts regarding the concerns. Rather, they will impose an interim order if they think (both of the following):

  • there is a risk (to the public, yourself, or both)
  • restrictions on your practice are necessary to prevent that risk while the fitness to practise investigation takes place

This requires the adjudicators to make a risk assessment. Some of the factors that the adjudicators will consider in this risk assessment are set out below. Please note that the factors within this guidance are not exhaustive.

[13] Schedule 2, paragraph 8(2) of the regulations

The seriousness of the concerns

The adjudicators will need to decide if the concerns are serious, and if they will affect your fitness to practise. An allegation that is trivial or clearly misconceived will not be sufficiently serious to impose an interim order. [14]

The adjudicators will consider what risks may arise if restrictions are not placed on your practise while the investigation is ongoing. This will include considering the degree of risk and the likelihood of these risks occurring. It will also include the likelihood of the alleged conduct being repeated if they do not impose an interim order. It is enough to impose an interim order if there is a risk posed. The only exception is if the risk is wholly fanciful. [15]

The adjudicators will consider each case on its facts to decide if a matter is serious. They may consider any relevant factors including, but not limited to:

  • the duration or frequency of the conduct in question
  • the vulnerabilities of anyone subject to the alleged conduct
  • any other relevant contextual factors

[14] General Medical Council v Sheill [2006] EWHC 3025, paragraph 35

[15] Howells v General Medical Council [2015] EWHC 348 (Admin)

The nature of the evidence

There must be some evidence to support the concern before the adjudicators impose an interim order. The adjudicators will consider the quality and nature of the evidence available.

When assessing the overall nature of the evidence, the adjudicators should consider these 3 factors:

  • the source of the evidence
  • the accuracy of the information
  • the nature of any evidence that supports or corroborates the concerns

The adjudicators cannot (and should not) seek to decide the merits of a disputed allegation or to decide the facts. They can, however, consider admissions made by you in relation to the facts. They can dismiss evidence that is inconsistent with objective evidence, or which is clearly unreliable. [16]

[16] Perry v NMC [2013] EWCA Civ 145 

Proportionality

The adjudicators will carefully consider the proportionality of imposing an interim order. This happens if the concerns raised meet one or more of the statutory groups for imposing an interim order. The adjudicators will balance the need to protect the public and your best interests against the impact of any interim order on you. [17][18]

If the adjudicators decide to impose an interim order, they will need to consider what kind of restriction is put in place. Any interim order should be proportionate to the risk identified in that particular case. Please see outcomes from interim order applications for further information about the types of interim orders.

[17] and [18] R. (on the application of Scholten v General Medical Council [2013] EWHC 173 (Admin)

Outcomes from interim order applications

The adjudicators have three options when considering an interim order application. The outcome will be (one of the following):

  • impose no order
  • impose an interim conditions of practice order
  • impose an interim suspension order

Impose no order

In some cases, the adjudicators may decide that imposing an interim order is (either or both of the following):

  • not necessary for public protection
  • not in your best interests

If so, they will not impose any order.

This means that you can continue working as a social worker. There will be no restrictions on your practice.

This is as long as you have no other restrictions on your practice (as a result of any other fitness to practise cases).

If you have any questions about the decision, you should contact hearings@socialworkengland.org.uk.

Impose an interim conditions of practice order

The adjudicators may decide it is necessary to restrict your practice while the investigation is ongoing. If so, they can impose a conditions of practice order.

This means that you will still be able to work as a social worker. But you will need to comply with a few conditions.

You can find further information about possible interim conditions in our conditions bank.

Impose an interim suspension order

The adjudicators may decide that there are serious risks to (either or both of the following):

  • the public interest
  • your best interests

They may determine that you should not continue working as a social worker while the investigation is ongoing. If so, they can impose an interim suspension order.

If you are subject to an interim suspension order, you must not (do either of the following):

  • work as a social worker in England
  • refer to yourself as a social worker in England

You must not do either of these things during the period of your suspension.

But you can still do other work if the work does not need a registration with Social Work England.

Interim order reviews

If the adjudicators impose an interim order, we will allocate the case to our case review team. The case review team will monitor, and collect evidence of, your compliance with the order.

Your ongoing fitness to practise case will stay with the investigator. They will continue investigating.

If you have any questions about your investigation, you should contact your investigator.

Prior to a review

Your case review officer will write to you before the review. They will (do both of the following):

  • request evidence of your compliance with the interim order
  • check whether there is any additional information you would like the adjudicators to consider

Your case review officer will then provide these documents to our case presenter and the hearings team. They will also provide any other relevant documents since the adjudicators last considered the interim order.

The hearings team will list a date for when the review will take place.

Our case presenter will (do all of the following):

  • tell you the date
  • provide a copy of the documents Social Work England will rely on at the review. This will include any documents you have already provided
  • set out the position Social Work England will take at the review

A review will usually take place as a meeting. This means the adjudicators will consider the interim order without anyone in attendance. This is unless you want to attend and make oral arguments or give evidence under oath or affirmation. In this case, the review will take place as a hearing.

At the review, the adjudicators will make a fresh assessment of the risks posed before deciding the outcome. The adjudicators could replace, revoke or vary the conditions of the interim order. This would be due to a change in the risks posed since they imposed the interim order. It is in your interests to engage with your case review officer. You can provide them with any evidence that may be relevant to the adjudicators risk assessment.

Regular reviews

The adjudicators review interim orders every 6 months, for as long as they are in place. [19]

At a review, the adjudicators will make a fresh assessment of current risk and can (do any of the following): [20]

  • revoke the order
  • revoke or vary any condition imposed by the order
  • confirm the order
  • replace an interim conditions of practice order with an interim suspension order (or vice versa). This will have effect for the same period. They will do this if it is necessary for either the protection of the public, or the best interests of the social worker

[19] Schedule 2, paragraph 14(1) of the regulations

[20] Schedule 2, paragraph 14(5) of the regulations

Early reviews

There may be circumstances where the adjudicators review an interim order early (outside of the 6 monthly reviews described above). These circumstances include, but are not limited to, the following: [21]

  • if you do not provide evidence of your compliance with the order within the designated timescales
  • if you fail to respond to any follow up requests
  • if there is evidence to suggest you may have breached your conditions of practice or suspension
  • if you have requested an early review because you have new, relevant evidence
  • if new, relevant evidence has become available since the adjudicators made the order (or since the last review)

The process at an early review is the same as at a regular review. The adjudicators will make a fresh assessment of the risks posed before deciding the outcome. They could replace, revoke or vary the conditions of the interim order if there is a change in the risks posed.

Further information about the early review of interim orders is set out in the early review guidance.

[21] Schedule 2, paragraph 14(1)(c) of the regulations

Appealing an interim order decision

You have a right to appeal to the High Court in England when the adjudicators decide (any of the following): [22]

  • to make an interim order (other than an interim order made after imposing a final order)
  • not to revoke or vary an interim order (for instance, at a regular or early review of your interim order)
  • to review an interim order (other than a decision to revoke the order)

If you wish to appeal, you must file the appeal within 28 days. The 28-day period begins the day after you receive the decision you want to appeal. [22]

You can read more about appeals processes on the GOV.UK website.

The High Court may (do any of the following): [23]

  • dismiss the appeal
  • quash the decision
  • substitute the decision for any other decision made by the adjudicators (or the regulator)
  • send the case back to the Social Work England to dispose of, in accordance with the directions of the court. The court may make any order as to costs as it thinks fit

[22] Schedule 2, paragraph 16 of the regulations

[23] Schedule 2, paragraph 16(2) of the regulations

[24] Schedule 2, paragraph 16(3) of the regulations

Publishing information

Before the interim order application or review

The hearings team will make an entry on the listing pages on our website before (either of the following):

  • an interim order application
  • an interim order review hearing or meeting

This entry will note (both of the following):

  • the date the adjudicators will consider the interim order application or review
  • that consideration will take place at a ‘private hearing’

Interim order review outcomes

Imposing an interim order

We will immediately record details of an interim order against your public entry on the register. This will include (both of the following):

  • the type of order (interim suspension or interim conditions of practice order)
  • the length of the order

We will add the outcome to the listing page. But we will not publish the adjudicator’s written decision. As we hold interim order hearings in private, it is not appropriate to publish the adjudicators’ decision.

Not imposing an interim order

We will not publish the outcome on the listing page. We will remove the listing page.

If the adjudicators revoke your interim order, we will remove the listing page. We will also remove the interim order from your public entry on the register.

Changes to an interim order

In some cases, the adjudicators may decide to (do either of the following):

  • replace your interim order with another order
  • vary a condition of your order

We will update the listing page outcome to reflect the new decision. We will update the interim order details on your public entry on the register as required.

When we receive confirmation of your interim order, we will update the listing page to reflect this. The interim order details on your public extract of the register will remain the same.

We will remove reference to interim orders on your public entry on the register when (any of the following occur):

  • the adjudicators revoke the order
  • we conclude the case (without a finding of impairment)
  • the case examiners make an accepted disposal decision

For further information, please see our fitness to practise publications policy.

Informing others about the interim order

If the adjudicators make an interim order, we will tell the following people about the terms of the order:

  • any person who employs you, or with whom you have an arrangement, to provide services as a social worker (or in relation to social work)
  • any regulatory body
  • the complainant (the individual or organisation that raised the concerns with us)

When applying for jobs

When you are applying for jobs, they may ask whether you have any restrictions on your practise. You will have to disclose this if you have an interim order. This usually applies even if disclosing your interim order is not part of your conditions of practice.

You should answer honestly if another person or organisation asks you (either of the following):

  • whether you have an interim order
  • whether you have restrictions on your practice

If you do not answer honestly, this may raise additional concerns about your fitness to practise.

If you are unsure whether you must disclose your interim order to others, please contact the case review team.

Interim conditions of practice orders

If you have an interim conditions of practice order, you should carefully review the conditions. You should make sure you are doing everything you need to do and telling everyone what you need to tell them. There might be other people you need to tell about your interim order. For example, your employer, or employment agency.

If you do not comply with your conditions of practice order, we may find you to be in breach of it. This may prompt us to (do either of the following):

  • carry out an early review of your order
  • suggest further regulatory action against you

Extending the interim order

Adjudicators can impose interim orders for up to 18 months (while fitness to practise proceedings are ongoing).

In some cases, the interim order may be due to expire before we have concluded our investigation. If so, we will usually apply to the High Court and ask for them to extend the order. [25]

The High Court can (do either of the following):

  • change the time frame of the interim order
  • confirm the order should stay in place [26]

If we apply to the High Court to extend your interim order, our external legal provider will contact you. They will (do all of the following):

  • discuss this with you
  • provide you with copies of any relevant documents we will rely on to support our application
  • ask you whether you agree with, or oppose, the application to extend

Applications to the High Court are subject to court time frames and directions. It is important that you respond to any correspondence you receive as soon as possible. This includes correspondence from our external legal providers and from the High Court.

[25] Schedule 2, paragraph 14(2) of the regulations 

[26] Schedule 2, paragraph 14(3) of the regulations

If you agree to the application to extend the order

If you agree to the application to extend the interim order, we can often deal with the matter without a High Court hearing.

We will ask you to sign a consent order. Social Work England will also sign the consent order. This is a document to confirm that we both agree to the extension of the interim order. Our external legal provider will then send this to the High Court on our behalf.

If the High Court approves the consent order, it will return a copy of the order to us. The copy will show the official court seal. This confirms the extension of the interim order.

If you (or the High Court) oppose the application for an extension

The application for an extension will be considered at a hearing at the High Court if (either of the following apply):

  • you oppose the application
  • the High Court does not approve the consent order

Please note that this hearing is different from a Social Work England hearing. This hearing will be before a judge in the High Court, and not before Social Work England’s adjudicators.

An advocate (from our external legal providers) will appear in the High Court on our behalf.

A judge will consider (all of the following):

  • the application for an extension
  • any submissions we have made
  • any submissions you (or your representative) have made

Version History

First published: 18 March 2025

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