PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE

CHAPTER 1GROUNDS OF IMPAIRMENT

I1117Fitness to practise

1

A person's fitness to practise may be regarded as impaired for the purposes of this Part and Part 4 by reason only of one or more of the following grounds—

a

deficient performance as a social care worker;

b

serious misconduct (whether as a social care worker or otherwise);

c

the inclusion of the person in a barred list;

d

a determination by a relevant body to the effect that the person's fitness to practise is impaired;

e

adverse physical or mental health;

f

a conviction or caution in the United Kingdom for a criminal offence, or a conviction or caution elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence.

2

For the purposes of subsection (1)(a) “deficient performance as a social care worker” may include—

a

an instance of negligence,

b

a breach of an undertaking agreed with SCW under this Act, and

c

a breach of an undertaking agreed with a fitness to practise panel under this Act.

3

In subsection (1)(c) “barred list” means—

a

a list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c.47);

b

a list kept under section 1 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14);

c

a list maintained under article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351).

4

In subsection (1)(d) “relevant body” means—

a

the Health and Care Professions Council F1or Social Work England;

b

the Nursing and Midwifery Council;

c

the Scottish Social Services Council;

d

the Northern Ireland Social Care Council;

e

a body outside of the United Kingdom which is responsible for the regulation of activities which would, in Wales, be regulated by SCW;

f

a prescribed body.

5

A person's fitness to practise may be regarded as impaired by reason of matters arising or incidents occurring—

a

whether inside or outside of Wales;

b

whether or not the person was registered on the register at the time;

c

whether before or after this section comes into force.

6

The Welsh Ministers may by regulations amend subsection (1) for the purpose of adding, modifying or removing a ground of impairment.