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PART 1E+WGeneral

Citation and commencementE+W

1.—(1) These Regulations may be cited as the Social Workers Regulations 2018.

(2) Subject to paragraph (3), these Regulations come into force on the date on which section 39(1) of the Act comes into force.

(3) Regulation 40 (amendment to the Equality Act 2010) comes into force on the day after the day on which these Regulations are made.

InterpretationE+W

2.—(1) In these Regulations—

“the Act” means the Children and Social Work Act 2017;

“the Authority” means the Professional Standards Authority for Health and Social Care established by section 25(1) of the National Health Service Reform and Health Care Professions Act 2002 M1;

“adjudicator” means an individual appointed under regulation 15(12), 16(4), 19(3) or 25(7)(c);

“adviser” has the meaning given in regulation 4(2);

“AMHPs course” has the meaning given in regulation 20(1)(d);

“appointee” has the meaning given in regulation 37(3)(c);

“approved course of initial education or training” has the meaning given in regulation 20(2);

“approved qualification” has the meaning given in regulation 20(2);

“case examiner” means an individual appointed under regulation 25(7)(b);

“conditions of practice order” has the meaning given in paragraph 13(1)(c) of Schedule 2;

“custodial sentence” has the meaning given in section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 M2 [F1or section 222 of the Sentencing Code];

“education and training approval scheme” has the meaning given in regulation 20(1);

“fitness to practise proceedings” has the meaning given in regulation 25(1)(a);

“function”, in relation to the regulator, has the meaning given in regulation 8(3);

“inspector” has the meaning given in regulation 21(2);

“interim conditions of practice order” has the meaning given in paragraph 8(5)(b) of Schedule 2;

“interim suspension order” has the meaning given in paragraph 8(5)(a) of Schedule 2;

“investigator” means an individual appointed under regulation 25(7)(a);

“listed offence” has the meaning given in regulation 26(8);

“necessary knowledge of English” means a knowledge of the English language which is necessary for safe and effective practice as a social worker;

“professional standards” means professional standards determined and published by the regulator under section 41(1) of the Act M3;

“register” means the register described in section 39(1) M4 of the Act;

“registrar” means any person appointed under regulation 8(1);

“regulatory body” means a body, other than the regulator, which authorises a person to practise a health or social care profession which is regulated under any enactment, whether in the United Kingdom or elsewhere;

F2...

“relevant institutions” has the meaning given in regulation 20(5);

“remedial direction” has the meaning given in regulation 36(2)(b);

“removal order” has the meaning given in paragraph 13(1)(a) of Schedule 2;

“rules” means rules made in accordance with regulation 3;

“suspension order” has the meaning given in paragraph 13(1)(b) of Schedule 2; and

“warning order” has the meaning given in paragraph 13(1)(d) of Schedule 2.

F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of these Regulations, whether a person has a recognised qualification is determined in accordance with Schedule 1.

(5) Subject to paragraph (6), “registered social worker” means a person whose name is entered in the register in accordance with Part 2, where their registration has not been removed, and “registered” is to be construed accordingly.

(6) A person who is—

(a)registered as a social worker in the register maintained by the Health and Care Professions Council under article 5(1) of the Health and Social Work Professions Order 2001 M5 immediately before the coming into force of these Regulations, and

(b)whose registration has not lapsed or been removed in accordance with the provisions of that Order,

is deemed to be a registered social worker for the purposes of these Regulations.

Textual Amendments

Marginal Citations

M1Section 25(1) was amended by section 222(2)(a) of the Health and Social Care Act 2012 (c. 7). By virtue of section 25(2) and (3) of the National Health Service Reform and Health Care Professions Act 2002, as amended by paragraph 2 of Schedule 4 to the Act, the functions of the Authority include the promotion of the interests of users of social work services in England in relation to the performance by the regulator of its functions.

M22000 c. 6. Section 76 was amended by paragraph 108 of Schedule 32 to the Criminal Justice Act 2003 (c. 44). There are other amendments but none is relevant.

M3Section 41(1) of the Act requires the regulator to determine and publish professional standards for social workers in England. By virtue of section 63(1) of the Act, “professional standards” includes standards relating to (a) proficiency, (b) performance, (c) conduct and ethics, and (d) continuing professional training and development

M4That is, a register of social workers in England.

PART 2E+WThe regulator

Procedure for making rulesE+W

3.—(1) Any rules which the regulator M6 is required, or empowered, to make and revise under these Regulations must be made and revised in accordance with this regulation.

(2) Before making rules the regulator must—

(a)carry out a public consultation, unless the regulator considers that the content of the proposed rules is such that it would be inappropriate or disproportionate to do so,

(b)consult representatives of any group of persons who the regulator considers are likely to be affected by the proposed rules, including representatives of—

(i)registered social workers,

(ii)employers of registered social workers,

(iii)users of the services of registered social workers, and

(iv)persons providing, assessing or funding education and training for registered social workers and prospective registered social workers, and

(c)comply with paragraphs (3) and (4).

(3) Proposed rules must be submitted to the Secretary of State, and come into force—

(a)on such date, not less than 28 days after the proposed rules are submitted to the Secretary of State, as the regulator determines provided that the Secretary of State has not within that period of 28 days objected to them coming into force, or

(b)on such earlier date as the Secretary of State and the regulator may agree.

(4) The Secretary of State must consider any proposed rules M7 submitted pursuant to paragraph (3) and, if the Secretary of State objects to the rules coming into force—

(a)the Secretary of State must notify the regulator accordingly giving reasons,

(b)the regulator must modify the rules in light of the objection, but is not required to comply with paragraph (2) in respect of those modified rules if it considers that the modifications are minor, or not substantive, and

(c)the modified rules come into force on such date as the regulator determines.

(5) The regulator must comply with paragraphs (2) to (4) before revising rules, unless it considers that the revision is minor, or not substantive.

(6) Rules made under this regulation must be—

(a)in writing, and published together with an indication of the date on which they come into force,

(b)kept under review by the regulator,

and any revised rules must be published as soon as reasonably practicable.

Marginal Citations

M6By virtue of section 36(1) and (2) of the Act a body corporate called “Social Work England” is established, and is referred to as “the regulator”.

M7By virtue of section 26A(1A) of the National Health Service Reform and Health Care Professions Act 2002, the Secretary of State may seek the advice of the Professional Standards Authority for Health and Social Care in considering proposed rules.

Appointment and functions of advisers to the regulatorE+W

4.—(1) The regulator may appoint one or more individuals to—

(a)carry out the functions of adjudicators, case examiners, inspectors and investigators, and

(b)advise it on matters relating to its functions M8, and in particular to provide the regulator with information, specialist or expert advice, or recommendations.

(2) An individual appointed under paragraph (1) is referred to in these Regulations as an adviser.

(3) The regulator may establish such panels of advisers as it considers appropriate, and must make rules which make provision about—

(a)the establishment, and size, of panels of advisers,

(b)the selection and appointment of the chair of any panel of advisers.

(4) The regulator may make members of the regulator's staff M9, facilities and other assistance available to advisers, in accordance with rules made under regulation 5(f).

(5) The regulator may decide the terms on which advisers may be appointed, provided that the regulator must obtain the approval of the Secretary of State for any terms relating to remuneration or pension arrangements.

(6) Any person appointed as an adviser—

(a)may not be a member of the regulator's staff,

(b)must declare any conflict of interest to the regulator,

(c)holds office in accordance with rules made under regulation 5.

Marginal Citations

M8Paragraph 14 of Schedule 3 to the Act provides for the delegation of the regulator's functions to any person (other than a person mentioned in paragraph 13 of that Schedule).

M9See further Schedule 3 to the Act, and in particular paragraphs 2, and 8 to 10, regarding members of the regulator, and the regulator's staff.

Rules relating to advisersE+W

5.  The regulator must make rules in relation to advisers which make provision about—

(a)the process for the appointment, suspension, and removal of advisers,

(b)the appraisal of the performance of advisers,

(c)continuing professional development for advisers,

(d)an appeals process against the suspension and removal of advisers,

(e)the resignation of advisers,

(f)the provision of the regulator's staff, facilities and other assistance to advisers,

(g)any other matter the regulator considers appropriate.

Information and adviceE+W

6.—(1) The regulator must publish information, and give advice, in relation to the regulator and the exercise of the regulator's functions, in accordance with this regulation.

(2) The regulator must publish a document setting out how it will pursue its over-arching objective, and the objectives mentioned in section 37(2) of the Act M10 (the “strategic plan”).

(3) The strategic plan must, in particular—

(a)set out the steps the regulator will take to implement the strategic plan,

(b)take account of the Authority's investigation and reporting arrangements, and any recommendations in relation to the performance of the regulator's functions M11,

and must be published, and reviewed, at such intervals as the regulator considers appropriate.

(4) Any information or advice falling within paragraph (1), other than the strategic plan, must be—

(a)appropriate to registered social workers, persons providing, assessing or funding education and training for registered social workers and prospective registered social workers, employers of registered social workers, and the public,

(b)made available in such form, or forms, as the regulator considers appropriate,

(c)reviewed, and revised as necessary, at such intervals as the regulator considers appropriate, and any revision published as soon as reasonably practicable.

Marginal Citations

M10Section 37(1) of the Act provides that the over-arching objective of the regulator in exercising its functions is the protection of the public. The objectives mentioned in section 37(2) are: (a) to protect, promote and maintain the health, safety and well-being of the public, (b) to promote and maintain public confidence in social workers in England, and (c) to promote and maintain proper professional standards for social workers in England.

M11See section 26(2) of the National Health Service Reform and Health Care Professions Act 2002, which empowers the Authority to investigate, and report on, the performance by the regulator of its functions, and to recommend changes to the way in which it performs any of its functions.

Duty to co-operateE+W

7.—(1) M12The persons specified for the purposes of section 53(1)(d) of the Act are—

(a)public bodies or other persons concerned with —

(i)the employment (whether or not under a contract of service) of social workers in England [F5or elsewhere],

(ii)the education or training of social workers in England [F6or elsewhere] or health care professionals,

(iii)the regulation of, or the co-ordination of the regulation of, health care professionals,

(iv)the regulation of providers of health services,

(v)the provision, supervision or management of health or education services,

(vi)the inspection of education, social services or health care in England,

(vii)the regulation of social work in England [F7or elsewhere], and

(viii)the provision, supervision or management of the services of persons engaged in social work in England,

[F8(b)NHS England, the body corporate established under section 1H of the National Health Service Act 2006,]

(c)any [F9integrated care board established under Chapter A3 of Part 2] of the National Health Service Act 2006 M13,

(d)any NHS trust established under section 25 of the National Health Service Act 2006,

(e)any NHS foundation trust within the meaning given in section 30 of the National Health Service Act 2006 M14,

(f)the Care Quality Commission established under section 1(1) of the Health and Social Care Act 2008 M15,

(g)the Office for Standards in Education, Children's Services and Skills established under section 112(1) of the Education and Inspections Act 2006 M16,

(h)any local policing body and any chief officer of police, for a police area in England, within the meanings given in section 101(1) of the Police Act 1996 M17,

(i)the Disclosure and Barring Service, within the meaning given in section 87(1) of the Protection of Freedoms Act 2012 M18.

(2) For the purposes of paragraph (1), “health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 other than the regulator M19.

Textual Amendments

Marginal Citations

M12Section 53(1) provides that the regulator must, where appropriate, co-operate with (a) Social Care Wales, (b) the Scottish Social Services Council, (c) the Northern Ireland Social Care Council, and (d) any other person specified in regulations made by the Secretary of State.

M13Section 14D was inserted by section 25(1) of the Health and Social Care Act 2012.

M14Section 30 was amended by section 159(1) of the Health and Social Care Act 2012.

M171996 c. 16. The definition of “local policing body” was inserted by section 96(2)(a) of the Police Reform and Social Responsibility Act 2011 (c. 13). There are other amendments to section 101(1) but none is relevant.

M19The bodies mentioned (other than the regulator) are the General Medical Council, the General Dental Council, the General Optical Council, the General Osteopathic Council, the General Chiropractic Council, the General Pharmaceutical Council, the Pharmaceutical Society of Northern Ireland, the Nursing and Midwifery Council, the Health and Care Professions Council, and any other regulatory body (within the meaning of Schedule 3 to the Health Act 1999 (c. 8)) established by an Order in Council under section 60 of that Act.

[F10Disclosure of information relating to functionsE+W

7A.—(1) Where the regulator receives a request from any person (P) to disclose information to P, the regulator must disclose that information to P where the regulator considers such disclosure—

(a)to relate to any of the regulator’s functions under the Act; and

(b)to be in the public interest.

(2) The regulator may disclose to any person any information relating to a registered social worker’s fitness to practise where the regulator considers the disclosure to relate to any of the regulator’s functions under the Act.

(3) Except as provided by paragraph (4), the disclosure of information under paragraph (1) or (2) does not breach—

(a)any obligation of confidence owed by the person making the disclosure; or

(b)any other restriction on the disclosure of information (however imposed).

(4) Paragraphs (1) and (2) do not authorise a disclosure of information if the disclosure would contravene the data protection legislation, where “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

PART 3E+WRegistration of social workers

Appointment of the registrar and keeping of the registerE+W

8.—(1) The regulator may appoint a member of the regulator's staff as registrar.

(2) The registrar has the following functions—

(a)the functions of the regulator set out in this Part other than—

(i)under regulation 19 (registration appeals),

(ii)any power or duty to make rules, and

(b)any other functions that the regulator delegates to the registrar M20.

(3) In these Regulations “function”, in relation to the regulator, means a function of the regulator set out in Part 2 of the Act or in these Regulations.

(4) The regulator must ensure that the register enables—

(a)information to be recorded in accordance with this Part, and

(b)the regulator, the registrar, any advisers, and any other adjudicator, case examiner or investigator appointed under these Regulations, to access information held on it as necessary to enable them to carry out their functions under these Regulations.

(5) The regulator must amend information recorded in the register, where the regulator is satisfied that the information is incorrect, or that there has been a material change of circumstances since it was recorded.

(6) Any copy of, or extract from, the register relating to information recorded in accordance with this Part is evidence of the matters mentioned in it.

(7) A certificate purporting to be signed by the regulator certifying that a person—

(a)is, or is not, registered,

(b)was, or was not, registered at a specific date or during a specified period, or

(c)has never been registered,

is evidence of the matters certified.

(8) On application by a social worker who wishes to practise in [F11Iceland, Lichtenstein, Norway or Switzerland], the regulator must provide them with such documentary evidence as is required by the relevant provisions of Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 M21 on the recognition of professional qualifications, as those provisions are amended from time to time.

(9) The regulator must publish the information recorded in the register in such manner and at such times as it considers appropriate, and make that information available for public inspection at all reasonable times, but it is not required to publish information which is—

(a)evidence of spent convictions,

(b)a warning given under paragraph 6(2)(a) or 12(1)(a) of Schedule 2 (warnings regarding future conduct or performance given in fitness to practise proceedings), where a period of at least five years has elapsed since the warning was given,

(c)any information annotated on the register under regulation 12(1) which, in the opinion of the regulator, it is not in the public interest to publish,

where “spent conviction” means a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 M22.

Textual Amendments

Marginal Citations

M20Paragraph 13(1) of Schedule 3 to the Act provides that the regulator may delegate functions to a committee, sub-committee, member or member of staff; paragraph 13(2) provides that the functions that may be delegated include the power to delegate functions under sub-paragraph (1), but do not include any power or duty to make rules.

M21OJ No. L 255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20 November 2006, OJ No. L 363, 20.12.2006, p.141; Commission Regulation (EC) No 1430/2007 of 5 December 2007, OJ No. L 320, 6.12.2007, p.3; Commission Regulation (EC) No 755/2008 of 31 July 2008, OJ No. L 205, 1.8.2008, p.10; Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008, OJ No. L 311, 21.11.2008, p.1; Commission Regulation (EC) No 279/2009 of 6 April 2009, OJ No. L 93, 7.4.2009, p.11; Commission Regulation (EU) No 213/2011 of 3 March 2011, OJ No. L 59, 4.3.2011, p.4; Commission Regulation (EU) No 623/2012 of 11 July 2012, OJ No. L 180, 12.7.2012, p.9; Council Directive 2013/25/EU of 13 May 2013, OJ No. L 158, 10.6.2013, p.368; Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013, OJ No. L 354, 28.12.2013, p.132; Commission Delegated Decision (EU) 2016/790 of 13 January 2016, OJ No. L 134, 24.5.2016, p.135; Commission Delegated Decision (EU) 2017/2113 of 11 September 2017, OJ No. L 317, 1.12.2017, p.119.

Content of the registerE+W

9.—(1) The following information must be recorded in the register in relation to a registered social worker—

(a)their name,

(b)the reference number assigned to their entry,

[F12(ba)in the case of a social worker registered under regulation 12A (emergency registration) the fact that the social worker has been registered under that regulation,]

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)whether their registration is subject to a condition in accordance with regulation 11(3),

(e)the date of registration, and

(f)their social work qualification.

[F14(1A) The information referred to in paragraph (1)(a), (b) or (ba) is not required to be recorded in the register in relation to a social worker registered under regulation 12A as a member of a specified group.]

(2) Where a registered social worker is, or has been, subject to fitness to practise proceedings, details of the following must be recorded in their entry in the register—

(a)any interim suspension order or interim conditions of practice order made by adjudicators under paragraph 8(2) or 11(1) of Schedule 2, including where the order is varied, revoked or replaced on a review under paragraph 14 of that Schedule or any action taken on appeal to the High Court under paragraph 16 of that Schedule,

(b)any order imposed, or advice given, by case examiners on a disposal without hearing under paragraph 9(3) of Schedule 2,

(c)any advice given by adjudicators under paragraph 12(3)(a) of Schedule 2 following a determination that the social worker's fitness to practise is impaired,

(d)any final order made by adjudicators under paragraph 12(3)(b) of Schedule 2, including where that order is varied, revoked or replaced on a review under paragraph 15 of that Schedule or any action taken on appeal to the High Court under paragraph 16 of that Schedule.

(3) The regulator may record any other information in the register it considers appropriate.

(4) An order [F15under paragraph 12(3)(b) of Schedule 2] may not be recorded until the expiry of the period within which an appeal against the order could be made, or where an appeal against the order has been made, before the appeal is withdrawn or otherwise finally disposed of.

(5) Any information recorded in accordance with paragraph (2) must remain on the register—

(a)in the case of an interim order, a conditions of practice order, or a suspension order, for the period during which the order remains in force or such longer period as the regulator determines in accordance with rules made under paragraph (6),

(b)in the case of a warning order, or advice given, for such period as the regulator specifies in rules made under paragraph (6).

(6) The regulator—

(a)must make rules setting out—

(i)qualifications that are relevant for the purposes of paragraph (1)(f), and

(ii)the period for which information mentioned in paragraph (5)(b) must remain in the register, and

(b)may make rules setting out further provision as to the content of the register including, in particular—

(i)qualifications, specialisms, accreditation and competences that are relevant for the purposes of regulation 12(1) (annotation of entries in the register), and

(ii)the longer period for which information mentioned in paragraph (5)(a) must remain in the register,

with the proviso that any period for which information mentioned in paragraph (5) must remain on the register under those rules must be proportionate in all the circumstances of each case.

Textual Amendments

F12Reg. 9(1)(ba) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 5 para. 1(2)(a) (with ss. 88-90) (subject to expiry in accordance with s. 89(1)(2)(d) of the modifying Act)

F14Reg. 9(1A) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 5 para. 1(2)(b) (with ss. 88-90) (subject to expiry in accordance with s. 89(1)(2)(d) of the modifying Act)

Modifications etc. (not altering text)

Procedure for registrationE+W

10.—(1) A person who wishes to be registered as a social worker must apply to the regulator in accordance with this Part and rules made under paragraph (4).

(2) Where a person who is eligible to be registered in accordance with regulation 11—

(a)applies to be registered following any procedure set by rules made under paragraph (4), and

(b)pays any fee payable in accordance with rules made under regulation 17(3),

the regulator must register that person by recording the information set out in regulation 9(1) in the register, and must notify them accordingly.

(3) In any case where the regulator refuses to register a person, it must notify the person of that decision and the reasons for it, and of their right to appeal under regulation 19(1)(a).

(4) The regulator must make rules setting out the procedure for dealing with applications for registration which must, in particular—

(a)include the time within which any step must be taken,

(b)where they make provision for an application to be determined within a specified period which runs from the date on which the completed application is received, provide that an application is not to be regarded as incomplete only on the ground that information requested in accordance with regulation 11(4) (as to necessary knowledge of English) has not been provided.

F16(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

Determination of eligibility for registrationE+W

11.—(1) The regulator must consider any question as to the eligibility of a person to be registered, or to continue to be registered, in accordance with this regulation and rules made under paragraph (6).

(2) In the case of a registration under regulation 10, a person is eligible to be registered where the regulator is satisfied that they—

(a)have a recognised qualification which was awarded—

(i)within such period, not exceeding five years ending with the date of the application for registration, as is set in rules made under paragraph (6)(a), or

(ii)before the period mentioned in paragraph (i), and the person has met such requirements as to additional education, training and experience as are determined by the regulator to apply to them,

(b)are capable of safe and effective practice in accordance with the professional standards relating to proficiency, performance, and conduct and ethics,

(c)have the necessary knowledge of English, and

(d)have not been convicted of a listed offence (other than a conviction that has been quashed).

(3) Where the regulator is satisfied that a person would be eligible to be registered (or to have their registration renewed, or their entry restored) if a condition were met the regulator may, with that person's consent, grant their application for registration, renewal or restoration (as the case may be) subject to that condition.

(4) In any case where the regulator is not satisfied, having considered any evidence, information or documents provided in support of their application for registration or renewal, that a person has the necessary knowledge of English to be eligible to be registered, or to continue to be registered, the regulator may F17...—

(a)request the person to provide further evidence, information or documents, and

(b)require the person to undergo an examination or other assessment, and provide information in respect of that examination or assessment, provided that it notifies the person of their right to appeal under regulation 19(1)(b),

within such period as is determined by the regulator in rules, and the regulator may draw such inferences as it deems appropriate if the person fails to undergo an examination or assessment, or fails to provide or disclose any evidence, under this paragraph.

F18(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The regulator must make rules in relation to determining eligibility, including in particular—

(a)any period within which a recognised qualification must have been awarded,

(b)setting out the process and criteria by which the regulator will determine—

(i)requirements as to additional education, training or experience that may be imposed for the purposes of an application for registration, and

(ii)any such requirements that are applicable in relation to any person applying for registration,

(c)setting out the process and criteria by which the regulator will determine, for the purposes of paragraph (2)(b), whether a person is capable of safe and effective practice in accordance with the professional standards relating to proficiency, performance, and conduct and ethics, including any evidence of good health and good character that may be required,

(d)setting out the process for determining whether a person has the necessary knowledge of English, including any evidence, information or documents which must be provided, and the criteria by which the regulator will determine for the purposes of an application for renewal or restoration whether a person must meet requirements as to necessary knowledge of English,

(e)setting out the circumstances in which the regulator may—

(i)grant registration subject to a condition,

(ii)review, vary or remove such a condition,

(iii)remove a person's entry from the register for failure to meet such a condition,

(f)requiring registered social workers to meet the professional standards relating to continuing professional training and development, and setting out the circumstances in which a registered social worker who fails to comply with any such requirement may be removed from the register.

(7) Where rules made under paragraph (6)(e) or (f) provide for removal from the register, the rules must provide—

(a)for the social worker to be notified of their right to appeal under regulation 19(1)(c) or (d) (as the case may be), and

(b)that an entry may not be removed from the register before the expiry of the period within which such an appeal may be made, or if an appeal is made, the appeal is withdrawn or otherwise finally disposed of.

F19(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

Annotation of entries in the registerE+W

12.—(1) Where a registered social worker who is eligible to have any other relevant qualification, specialism, accreditation, or competence recorded in their entry in the register—

(a)applies to the regulator in accordance with rules made under paragraph (2) and rules made under regulation 9(6)(b)(i), and

(b)pays any fee payable in accordance with rules made under regulation 17(3),

the regulator must annotate their entry with that information, and must notify them accordingly.

(2) If the regulator makes rules under regulation 9(6)(b)(i), it must make rules setting out the procedure for dealing with annotation of the register with any information mentioned in paragraph (1) (including the period for which annotations must remain on the register and any evidence which must be provided by a registered social worker in support of such an application).

Modifications etc. (not altering text)

[F20Temporary registration in emergencies involving loss of human life or human illness etcE+W

12A—(1) The regulator may register a person as a social worker, or the persons comprising a specified group of persons as social workers, if—

(a)the Secretary of State has advised the regulator that an emergency has occurred, is occurring or is about to occur and that the regulator should consider acting under this regulation, and

(b)the regulator considers that the emergency registration requirement is met in relation to the person or group of persons.

(2) For the purposes of paragraph (1)(b) the emergency registration requirement is met—

(a)in relation to a person, if the regulator considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency;

(b)in relation to a group of persons, if the regulator considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency.

(3) The regulator may register all of the persons comprising a specified group of persons without first identifying each person in the group.

(4) The registration of a person under this regulation has effect subject to any conditions imposed by the regulator; and the regulator may at any time vary or revoke such a condition or add new conditions.

(5) Where a person is registered under this regulation as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.

(6) A person's registration under this regulation ceases to have effect if revoked by the regulator; and the regulator—

(a)must revoke the registration if the Secretary of State advises the regulator that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;

(b)may at any time revoke the registration for any other reason, including where the regulator suspects that the person's fitness to practise may be impaired.

(7) A person's registration as a member of a specified group may be revoked—

(a)without the registration of the other members of the group being revoked, or

(b)as a result of a decision to revoke the registration of all the members of the group.

(8) If a person's registration under this regulation is revoked under paragraph (6)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked.

(9) If a person's registration under this section is revoked under paragraph (6)(b), the registration ceases to have effect immediately.

(10) The following provisions of these regulations do not apply to persons registered under this regulation—

(a)regulation 9 (content of the register), other than paragraph (1)(a), (b) and (ba) and paragraphs (1A) and (3);

(b)regulations 10 to 12 and 13 to 15 (other provisions relating to registration);

(c)regulation 16(4) and (5) (duty to provide information to regulator: sanctions);

(d)regulation 17 (fees for registration);

(e)Part 5 (discipline and fitness to practise).

(11) If a person breaches a condition to which the person's registration under this regulation is subject, anything done by the person in breach of the condition is to be treated as not done by a registered social worker.

(12) The regulator may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions under this regulation.

(13) This includes—

(a)making rules, and

(b)issuing guidance to persons registered under this regulation or to the public.

(14) Paragraphs (2) to (5) of regulation 3 do not apply to rules under paragraph (12)(a).

(15) In this regulation “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.]

Textual Amendments

F20Reg. 12A inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 5 para. 1(3) (with ss. 88-90) (subject to expiry in accordance with s. 89(1)(2)(d) of the modifying Act)

Renewal of registrationE+W

13.—(1) A registered social worker may renew their registration in accordance with rules made under paragraph (5).

(2) The regulator must remove a registered social worker's entry from the register where they fail to renew their registration in accordance with paragraph (1) unless—

(a)regulation 26(1) (social worker convicted of a listed offence) applies,

(b)they are subject to fitness to practise proceedings,

(c)they are subject to—

(i)an interim suspension order,

(ii)an interim conditions of practice order,

(iii)a conditions of practice order, or

(iv)a suspension order,

(d)they have made an appeal under regulation 19(1) or (8) and the appeal has not been withdrawn or otherwise finally disposed of, or

(e)they are subject to a decision specified in regulation 34 (referral of cases by the Authority to the High Court) and the period within which the decision may be referred to the High Court has not expired or, if a referral is made, the appeal M23 has not been withdrawn or otherwise finally disposed of.

(3) Where a registered social worker—

(a)is eligible to have their registration renewed,

(b)applies for renewal in accordance with the rules made under paragraph (5), and

(c)pays any fee payable in accordance with rules made under regulation 17(3),

the regulator must renew their registration.

(4) A person is eligible to have their registration renewed where the regulator is satisfied that they meet the requirements for initial registration referred to in regulation 11(2)(b) to (d) and—

(a)meet the professional standards relating to continuing professional training and development, and

(b)if they have not practised (or have practised less than the period determined by the regulator) since their initial registration or last renewal, meet any requirement as to additional education, training or experience as is determined by the regulator to apply to them.

(5) The regulator must make rules in relation to the renewal of registration including, in particular—

(a)the period within which registered social workers' registration must be renewed,

(b)the circumstances in which the regulator may extend that period in relation to a registered social worker,

(c)the process for applying for renewal of registration including—

(i)the time within which any step must be taken, and

(ii)the evidence of eligibility to be provided to the regulator.

(6) In any case where the regulator removes a person's entry from the register where they fail to renew their registration in accordance with paragraph (1), it must notify them accordingly, and of their right to appeal under regulation 19(1)(f).

Marginal Citations

M23By virtue of section 29(7) of the National Health Service Reform and Health Care Professions Act 2002, where the Authority refers a case to the High Court under section 29(2A), the case is treated by the court as an appeal by the Authority against the relevant decision.

Removal from the registerE+W

14.—(1) A registered social worker's entry must be removed from the register where—

(a)the regulator is satisfied that their registration was fraudulently procured or incorrectly made, and determines to remove their entry from the register,

(b)a removal order is made in relation to them,

(c)they request the removal, provided that the regulator may not remove their entry—

F21(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)if they have made an appeal under regulation 19(1) or (8) and the appeal has not been withdrawn or otherwise finally disposed of,

(d)the regulator is satisfied that they have failed to comply with any condition attached to their registration under regulation 11(3),

(e)the regulator is satisfied that regulation 13(2) applies (failure to renew registration),

(f)regulation 26(5) applies (automatic removal from the register),

(g)the regulator is satisfied that they have died.

[F22(1A) Where a registered social worker—

(a)requests the removal of their entry from the register, and

(b)at the time of that request, is subject to fitness to practise proceedings,

the regulator may remove their entry from the register]

(2) A registered social worker's entry may be removed from the register where they are in breach of any rules made under regulation 11(6)(f) (failure to meet requirements as to continuing professional development).

(3) The regulator may require persons other than the registered social worker to attend and give evidence, or produce documents, in relation to the removal of an entry from the register under paragraph (1)(a).

(4) For the purposes of paragraph (1)(b), the entry of a registered social worker may not be removed from the register before—

(a)the expiry of the period within which an appeal against the removal order may be made, or if an appeal is made, the appeal is withdrawn or otherwise finally disposed of, or

(b)if the decision is referred to the High Court under regulation 34, the case is finally disposed of.

(5) In any case where the regulator removes a person's entry under paragraph (1)(a), it must notify them of that decision and the reasons for it, and of their right to appeal under regulation 19(1)(g).

(6) The regulator must make rules setting out the procedure for the removal of entries from the register under paragraph (1) (other than under paragraph (1)(b)), which must—

(a)provide for the regulator to specify timescales within which any steps must be taken,

(b)provide for the regulator to obtain such other information as it considers necessary to determine whether a registration was fraudulently procured or incorrectly made,

(c)require that the registered social worker is notified of the proposed determination and the reasons for it, and given the opportunity to make representations to the regulator, and

(d)provide for the regulator to determine whether to—

(i)amend the entry,

(ii)remove the entry, or

(iii)take no further action.

(7) When the regulator—

(a)has reasonable grounds to believe that a registered social worker's registration was fraudulently procured or incorrectly made, and

(b)has not yet made a determination in accordance with rules made under paragraph (6)(d),

it may make any interim order it considers is necessary for the protection of the public or in the best interests of the registered social worker, and paragraphs 8(2) to (6), 14 and 16 of Schedule 2 apply to such an order as they apply to an interim order made in fitness to practise proceedings.

(8) The regulator must maintain a list of all entries removed from the register under paragraph (1) [F23or (1A)] which includes, in relation to each removed entry—

(a)the information previously recorded in the register pursuant to regulation 9(1)(a), (b) and (e), and

(b)the date of, and the reason for, the removal of the entry,

and must publish and make that list available for inspection in accordance with regulation 8(9).

[F24(9) Where an entry relating to a registered social worker is removed from the register pursuant to paragraph (1A), the list referred to in paragraph (8)—

(a)may include the particulars of the removal;

(b)must not include any information relating to the registered social worker’s physical or mental health.]

Textual Amendments

Modifications etc. (not altering text)

Restoration to the registerE+W

15.—(1) A person whose entry in the register has been removed, and who wishes to have their entry restored to the register, may make an application for restoration to the regulator in accordance with this regulation and rules made under paragraph (11).

(2) Paragraph (1) does not apply in the case of a person whose entry was removed under regulation 26(5) (automatic removal from the register) where their conviction has not been quashed.

(3) An application for restoration must—

(a)in the case of a person whose entry was removed from the register as the result of a removal order, be referred by the regulator to two or more adjudicators for determination,

(b)in any other case, be determined by the regulator,

in accordance with rules made under paragraph (11).

(4) A person whose entry has been removed from the register as the result of a removal order may not apply to be restored to the register until after the end of a period of five years beginning with the date on which the removal order took effect (whether under paragraph 12, 15, or 16 of Schedule 2), and is eligible to be restored where—

(a)the adjudicators are satisfied that the person meets the requirements for initial registration referred to in regulation 11(2),

(b)the person has not, in the preceding 12 months, made an application for restoration to the register which was refused, and

(c)the person meets any further requirements as to additional education, training or experience as are determined by the regulator to apply to them.

(5) On an application for restoration falling within paragraph (3)(a)—

(a)the person making the application must be given the opportunity to make representations to the adjudicators, and

(b)the adjudicators may require persons other than the person making the application to attend and give evidence, or produce documents, in relation to the application.

(6) Where the adjudicators grant an application for restoration and the person pays any fee payable in accordance with rules made under regulation 17(3)—

(a)the regulator must restore the person's registration by recording the information set out in regulation 9(1) in relation to them in the register, and must notify them accordingly, and

(b)the adjudicators may make a conditions of practice order in relation to the registered social worker, and paragraphs 12(4), 13, 15 and 16 of Schedule 2 apply to such an order as they apply to a conditions of practice order made in fitness to practise proceedings.

(7) A person whose entry was removed from the register other than as a result of a removal order is eligible to be restored to the register where the regulator is satisfied that they meet the requirements for initial registration referred to in regulation 11(2), and any requirements as to additional education, training or experience as are determined by the regulator to apply to them.

(8) A person whose entry was removed from the register under regulation 26(5) (automatic removal from the register), and whose conviction is subsequently quashed, is eligible to be restored to the register where the regulator is satisfied that—

(a)their conviction has been quashed, and

(b)they meet the requirements for initial registration referred to in regulation 11(2), and any requirements as to additional education, training or experience as are determined by the regulator to apply to them.

(9) Where a person falling within paragraph (7) or (8) is eligible to be restored to the register and—

(a)applies to be restored to the register in accordance with rules made under paragraph (11), and

(b)pays any fee payable in accordance with rules made under regulation 17(3),

the regulator must restore that person's registration by recording the information set out in regulation 9(1) in relation to them in the register, and must notify them accordingly.

(10) Where the regulator, or the adjudicators, are not satisfied that a person who was removed from the register is eligible to be restored to the register, the regulator or the adjudicators (as the case may be) must notify them of that decision and the reasons for it, and of their right to appeal under regulation 19(1)(h).

(11) The regulator must make rules in relation to restoration to the register, including in particular—

(a)the process for applying for restoration,

(b)the time within which any step in that process must be taken, and

(c)the evidence of eligibility to be provided to the regulator or adjudicators.

(12) The regulator must appoint such advisers, or members of the regulator's staff, as the regulator thinks fit, as adjudicators for the purposes of this regulation.

Modifications etc. (not altering text)

Duty to provide information to the regulatorE+W

16.—(1) A registered social worker must inform the regulator as soon as practicable if they become aware that any of the information registered in relation to them ceases to be accurate.

(2) Any person who applies to be registered, and any registered social worker, must respond as soon as possible to any request from the regulator for information or evidence relevant to their registration or their continued registration.

(3) The regulator may request any information it considers necessary to enable it to carry out its functions under these Regulations, to meet its over-arching objective, or to meet the objectives mentioned in section 37(2) of the Act.

(4) Where a registered social worker has failed to provide information or evidence in accordance with paragraph (1), (2) or (3), the regulator may appoint two or more advisers, or members of the regulator's staff, as the regulator thinks fit, as adjudicators to determine whether it is necessary, for the protection of the public or in the best interests of the registered social worker, to suspend or remove their entry from the register.

(5) Where the adjudicators are satisfied that—

(a)the registered social worker has failed, without good reason, to provide information or evidence in accordance with paragraph (1), (2) or (3), and

(b)it is necessary, for the protection of the public or in the best interests of the registered social worker to do so,

they may make a suspension order or a removal order, and paragraphs 12(4), 13, 15 and 16 of Schedule 2 apply to such an order as they apply to a final order made in fitness to practise proceedings.

(6) The regulator must make rules setting out the procedure to be followed in taking any action under this regulation.

Fees for registrationE+W

17.—(1) The regulator may charge a fee in connection with—

(a)an application for registration,

(b)an application for annotation under regulation 12(1),

(c)an application for renewal of registration,

(d)an application for restoration to the register.

(2) Any fee charged by the regulator under paragraph (1)—

(a)may be set at a level which exceeds the cost of dealing with the application in respect of which it is charged,

(b)must be set with a view to ensuring that, so far as possible, the regulator's fee income in any year does not exceed the regulator's expenses in the same year.

(3) The regulator must make rules in relation to the charging of any fee under paragraph (1), setting out—

(a)the amount of any fee payable,

(b)the time within which any fee is to be paid,

(c)the circumstances in which a fee—

(i)is not chargeable,

(ii)may be reduced,

(iii)may be refunded, in whole or in part, or

(iv)may be waived, and

(d)the steps the regulator may take in the event that a fee charged under paragraph (1) is not paid within the time set, including—

(i)refusing to make, annotate, renew or restore an entry,

(ii)removing an entry, or part of an entry, after first warning the registered social worker, and

(iii)recovery of the fee as a civil debt,

provided that the rules may only allow the regulator to take such a step where the regulator considers it is reasonable to do so.

(4) The regulator must pay any fee income received under this regulation to the Secretary of State, unless the Secretary of State with the consent of the Treasury directs otherwise.

Visiting social work professionals from relevant European StatesE+W

F2518.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Registration appealsE+W

19.—(1) A person may appeal, in accordance with rules made under paragraph (5), against—

(a)a decision to refuse to register a person under regulation 10(3),

(b)a decision to require a person to undergo an examination or other assessment under regulation 11(4)(b) on the ground that the regulator was not satisfied that the person had the necessary knowledge of English,

(c)a decision to remove a person from the register for failure to meet a condition attached to their registration in accordance with rules made under regulation 11(6)(e),

(d)a decision to remove a person from the register for failure to comply with a requirement to meet the professional standards relating to continuing professional training and development in accordance with rules made under regulation 11(6)(f),

F26(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a decision to remove a person's entry from the register under regulation 13(6),

(g)a decision to remove an entry from the register, where the regulator is satisfied that their registration was fraudulently procured or incorrectly made, under regulation 14(1)(a),

(h)a decision to refuse to restore registration under regulation 15(10),

F27(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)failure by the regulator to issue a decision under this Part within any relevant time limit, and

(k)any other decision the regulator specifies in rules.

(2) Paragraph (1) does not apply in relation to a case where the decision was made solely on the ground that the person—

(a)failed to pay any fee payable in accordance with rules made under regulation 17(3), or

(b)failed to apply in accordance with any procedure set by relevant rules.

[F28(2A) Paragraph (1) does not apply to—

(a)a decision by the regulator to refuse to register a person under regulation 12A, or

(b)a decision by the regulator to revoke a person's registration under that regulation.]

(3) The regulator must appoint two or more advisers, or members of the regulator's staff, as the regulator thinks fit as adjudicators to consider an appeal under this regulation in accordance with rules made under paragraph (5), provided that the adjudicators may not be individuals who were involved in the decision that is the subject of the appeal.

(4) The regulator, and the adjudicators, may require persons other than the person concerned to attend and give evidence, or produce documents, to the adjudicators.

(5) The regulator must make rules setting out the procedure for appeals which must, in particular—

(a)specify the timescales within which any steps in an appeal are to be taken,

(b)provide for the adjudicators to dispose of the appeal with or without a hearing, but with the proviso that they must hold a hearing if the person concerned requests it,

(c)provide, in relation to any hearing, for the person concerned to—

(i)attend, and be represented,

(ii)make oral representations,

(iii)call witnesses,

(d)require the regulator to notify the parties of the adjudicators' determination of the appeal,

(e)require the regulator to publish the details of the adjudicators' determination and the reasons for it, provided that if the adjudicators' determination is favourable to the person concerned, the regulator is not required to publish it unless the person concerned so requests, but may do so with their consent.

(6) The adjudicators may—

(a)dismiss the appeal,

(b)quash the decision,

(c)substitute for the decision being appealed any other decision that the decision maker could have made, or

(d)remit the decision to the regulator to be disposed of in accordance with the adjudicators' directions.

(7) Where the adjudicators —

(a)dismiss the appeal,

(b)substitute for the decision being appealed any other decision that the decision maker could have made, or

(c)remit the decision to the regulator to be disposed of in accordance with the adjudicators' directions,

the regulator must inform the appellant of their right to appeal to the County Court.

(8) Where paragraph (7) applies, a person may appeal to the County Court against the adjudicators' determination, and the County Court may—

(a)dismiss the appeal,

(b)quash the adjudicators' determination,

(c)substitute for the adjudicators' determination any other determination that the adjudicators could have made, or

(d)remit the matter to the adjudicators to be disposed of in accordance with the directions of the Court,

and may make any order as to costs as it thinks fit.

F29(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28Reg. 19(2A) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 5 para. 1(4) (with ss. 88-90) (subject to expiry in accordance with s. 89(1)(2)(d) of the modifying Act)

Modifications etc. (not altering text)

PART 4E+WEducation and training

Education and training approval schemeE+W

20.—(1) The regulator must determine and operate a scheme (an “education and training approval scheme”) which complies with this regulation and regulations 21 to 23, for the approval, monitoring, and re-approval, of—

(a)courses of education and training, operated and delivered in England, for persons who wish to become social workers in England (“initial education and training”),

(b)qualifications granted following success in an examination, or other appropriate assessment, taken as part of an approved course of initial education or training,

(c)such tests of knowledge of English, operated and delivered in England, as it may require, and

(d)courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in England, referred to in section 114ZA(1) of the Mental Health Act 1983 M24 (“AMHPs courses”).

(2) In these Regulations “approved course of initial education or training” and “approved qualification” mean a course of initial education or training, or a qualification (as the case may be), approved under the education and training approval scheme.

(3) The regulator must keep the education and training approval scheme under review.

(4) The regulator must maintain and publish a list of the courses of initial education and training, qualifications, tests of knowledge of English, and AMHPs courses—

(a)which are for the time being approved under the education and training approval scheme, and

(b)which were, but are no longer, approved under the education and training approval scheme, together with the periods in respect of which they were approved.

(5) Universities and other bodies concerned with the delivery of courses of initial education and training, qualifications, tests of knowledge of English, and AMHPs courses falling within paragraph (1) (“relevant institutions”) must provide the regulator with such information or assistance as the regulator may reasonably require in connection with the exercise of the regulator's functions under this Part, and within such period as may be specified in the request.

(6) The regulator must make rules setting out the education and training approval scheme which must, in particular—

(a)include criteria for the approval, monitoring, and re-approval, of courses of initial education and training, qualifications, tests of knowledge of English, and AMHPs courses falling within paragraph (1),

(b)ensure that approved courses of initial education and training meet the standards of education or training determined and published by the regulator under section 43(1) of the Act,

(c)require the regulator, before approving or re-approving a course of initial education or training, to be satisfied that the course will enable a person who successfully completes it to meet the professional standards,

(d)require the regulator, before approving or re-approving an AMHPs course, to be satisfied that the course will enable a person who successfully completes it to demonstrate all the Key Competence Areas set out in Schedule 2 to the Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008 M25,

(e)in relation to a course falling within paragraph (1)(a), require the regulator to consult the following in relation to any matters relevant to the approval of the course—

(i)any persons undertaking the course,

(ii)social work service users,

(iii)bodies, other than the relevant institution concerned, that provide any element of the education or training comprised in the course,

(f)set out the information that will be provided to relevant institutions during the approval or re-approval process,

(g)provide for the regulator to—

(i)consider the re-approval of approved courses of initial education and training, qualifications, tests of knowledge of English, and AMHPs courses falling within paragraph (1), at specified intervals of not more than six years, and

(ii)monitor the continued approval of such courses,

(h)set out the procedure for decision making in relation to approval, monitoring, and re-approval,

(i)set out the regulator's quality assurance process in relation to the approval, monitoring and re-approval of courses of initial education and training, qualifications, tests of knowledge of English, and AMHPs courses falling within paragraph (1), and

(j)include information about the publication of—

(i)reports (including reports of any inspection carried out under regulation 21),

(ii)decisions in relation to approval.

(7) The regulator may operate the education and training approval scheme so as to provide for the approval of courses of education and training for people who are registered social workers.

Modifications etc. (not altering text)

Marginal Citations

M241983 c. 20. Section 114ZA was inserted by section 217(2) of the Health and Social Care Act 2012 (c. 7).

M25S.I. 2008/1206. There are amendments to this instrument but none is relevant.

InspectionsE+W

21.—(1) The regulator may appoint an adviser, or a member of the regulator's staff, to inspect any relevant institution in connection with the approval or re-approval of any course, qualification or test mentioned in regulation 20(1) conducted, provided or facilitated, or proposed to be conducted, provided or facilitated, by that institution.

(2) A person appointed under paragraph (1) is referred to in these Regulations as an inspector.

(3) The regulator must make rules relating to inspections which, in particular—

(a)set out—

(i)the role of an inspector,

(ii)the knowledge, skills or experience necessary to undertake the role of inspector,

(iii)any persons who may not act as an inspector,

(b)may require inspectors to declare to the regulator any conflict of interest in relation to any relevant institution,

(c)set out the procedure for an inspector to report to the regulator following an inspection, including—

(i)the period within which the relevant institution may make observations on the report,

(ii)the information to be provided to the regulator in relation to the inspection,

(iii)the manner in which the information must be presented,

(iv)any relevant timescales.

(4) The regulator may make members of the regulator's staff, facilities and other assistance available to inspectors.

Modifications etc. (not altering text)

Conditional approvalE+W

22.—(1) Subject to paragraphs (2) and (3), the regulator may attach conditions to the approval, and re-approval, of courses of initial education and training, tests of knowledge of English, and AMHPs courses where—

(a)the relevant institution fails to respond to a request for information made under regulation 20(5) within the period specified in the request, or

(b)the regulator is satisfied on the basis of evidence obtained under regulation 20, or following an inspection, that the course, or test, does not meet the criteria for approval.

(2) Before attaching a condition to an approval or re-approval under paragraph (1), the regulator must notify the institution concerned—

(a)setting out its reasons and any evidence,

(b)specifying the time within which the regulator will propose the condition must be met, and whether the condition must be met before approval, or re-approval, will be given,

(c)specifying the period within which the institution may make observations on the matters raised, and

in the case of a course of initial education or training, must consider any impact of the proposed conditions on any person undertaking that course.

(3) The regulator must take no further steps to attach conditions to the approval or re-approval before—

(a)the end of the period specified under paragraph (2)(c), or

(b)where the institution notifies the regulator that it does not intend to make observations, the date on which that notification is given,

unless the regulator considers it is necessary to do so for the protection of the public.

(4) If, taking into account the matters referred to in paragraph (1), and any observations received from the institution concerned, the regulator determines that it is appropriate to attach a condition to the approval or re-approval, the regulator must notify the institution of that decision and the reasons for it, including the date from which the condition will apply and the date by which the condition must be complied with.

Modifications etc. (not altering text)

Refusal, and withdrawal, of approvalE+W

23.—(1) Subject to paragraph (2), the regulator may refuse to approve, or withdraw approval of a course of initial education or training, a qualification, a test of knowledge of English, or an AMHPs course falling within regulation 20(1), where—

(a)the relevant institution in relation to that course, qualification, or test—

(i)fails to respond to a request for information made under regulation 20(5) within the period specified in the request,

(ii)fails to comply with a condition imposed pursuant to regulation 22(4) by the time specified in the notification, or at all, or

(b)the regulator is satisfied on the basis of evidence obtained under regulations 20 or 22, or following an inspection, that the course, qualification, or test, does not meet the criteria for approval.

(2) Before refusing or withdrawing approval under paragraph (1), the regulator must—

(a)notify the institution concerned, setting out its reasons, and

(b)inform the institution of the period within which it may make observations on the matters raised,

and the regulator must take no further steps to refuse or withdraw approval before the end of the period specified under sub-paragraph (b).

(3) If, taking into account the matters referred to in paragraph (1), and any observations received from the institution concerned, the regulator determines that it is appropriate to refuse to approve, or to withdraw approval, the regulator must notify the institution of that decision and the reasons for it.

(4) The decision under paragraph (3) has effect from such date as is specified in the decision.

(5) The refusal to re-approve, or withdrawal of approval of, a course of initial education or training, a qualification, or a test of knowledge of English, does not affect the entitlement of any person to be registered on the basis of—

(a)an award to them of that qualification,

(b)an award to them of a qualification in connection with that course of education or training, or

(c)a determination that they have the necessary knowledge of English following that test,

made before the date on which the decision under paragraph (3) has effect.

(6) Where—

(a)rules made under regulation 9(6)(b) provide that the award of a qualification in connection with a course other than one mentioned in paragraph (5)(b) is relevant for the purposes of regulation 12(1) (annotation of entries in the register), and

(b)that qualification has been approved under the education and training approval scheme,

the refusal to re-approve, or withdrawal of approval of, that course does not affect any entitlement of a registered social worker to have their entry in the register annotated with an award of that qualification made before the date on which the decision under paragraph (3) has effect.

Modifications etc. (not altering text)

Fees in relation to approvalE+W

24.—(1) The regulator may charge a fee in connection with approval, and re-approval, of courses of initial education and training, qualifications, tests of knowledge of English, and AMHPs courses falling within regulation 20(1).

(2) Any fee charged by the regulator under paragraph (1)—

(a)may be set at a level which exceeds the cost of the approval in respect of which it is charged,

(b)must be set with a view to ensuring that, so far as possible, the regulator's fee income in any year does not exceed the regulator's expenses in the same year.

(3) The regulator must make rules in relation to the charging of any fee under paragraph (1), setting out —

(a)the time within which any fee is to be paid,

(b)the circumstances in which a fee—

(i)is not chargeable,

(ii)may be reduced,

(iii)may be refunded, in whole or in part, or

(iv)may be waived, and

(c)the steps the regulator may take in the event that a fee charged under paragraph (1) is not paid within the time set, including—

(i)refusing to approve, or re-approve, the course, qualification or test in question,

(ii)recovery of the fee as a civil debt.

(4) The regulator must pay any fee income received under this regulation to the Secretary of State, unless the Secretary of State with the consent of the Treasury directs otherwise.

Modifications etc. (not altering text)

PART 5E+WDiscipline and fitness to practise

Modifications etc. (not altering text)

Fitness to practise proceedingsE+W

25.—(1) Where a question arises as to a social worker's fitness to practise by reason of any of the grounds in paragraph (2), and regulation 26(5) does not apply, the regulator must ensure that—

(a)proceedings are carried out in accordance with this regulation and Schedule 2, and any rules made under paragraph (5) (“fitness to practise proceedings”),

(b)any outcome of the fitness to practise proceedings which is mentioned in regulation 9(2) is recorded in the register in accordance with that regulation, and

(c)the particulars of any orders and decisions made in fitness to practise proceedings, together with the reasons for them, and the particulars of any order made on review or appeal, are published as soon as reasonably practicable.

(2) The grounds referred to in paragraph (1) are—

(a)misconduct,

(b)lack of competence or capability,

(c)a conviction or caution in the United Kingdom for a criminal offence,

(d)a conviction not falling within sub-paragraph (c) for an offence which, if committed in England and Wales, would constitute a criminal offence,

(e)adverse physical or mental health,

(f)a determination by a regulatory body to the effect that the person's fitness to practise is impaired,

(g)being included—

(i)by the Disclosure and Barring Service in a barred list (within the meaning given in section 60(1) of the Safeguarding Vulnerable Groups Act 2006 M26 or article 2(2A) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 M27), or

(ii)by the Scottish Ministers in the children's list or the adults' list (within the meaning given in section 1(1) of the Protection of Vulnerable Groups (Scotland) Act 2007 M28), or

(h)not having the necessary knowledge of English,

provided that an alleged matter which occurred outside the United Kingdom, or at a time when the person was not registered, may only be grounds for the purposes of paragraph (1) where the regulator considers that to be in the public interest.

(3) For the purposes of paragraph (2), references to a conviction include references to a conviction by a Court Martial.

(4) The standard of proof applicable to fitness to practise proceedings is that applicable to civil proceedings.

(5) The regulator must make rules setting out—

(a)the criteria by which it will determine, pursuant to paragraph 1(1) of Schedule 2, whether there are reasonable grounds for investigating whether a registered social worker's fitness to practise is impaired,

(b)the timescales within which any steps in fitness to practise proceedings are to be taken,

(c)any requirements and restrictions in relation to who may be appointed as an adjudicator, case examiner or investigator in fitness to practise proceedings,

and may make rules setting out the detail of any other aspect of fitness to practise proceedings.

(6) In any case where investigators, case examiners, or adjudicators consider that a registered social worker's fitness to practise may be impaired by reason of not having the necessary knowledge of English, they may—

(a)direct the social worker to undergo an examination, or other assessment, of their knowledge of English, and regulation 11(4) and (5) and any rules made under regulation 11(6)(d) apply in relation to that examination or other assessment, and

(b)draw such inferences as they deem appropriate if the social worker fails to undergo an examination or assessment, or fails to provide or disclose any evidence, as directed.

(7) Subject to paragraph (8), the regulator must appoint such advisers, or members of the regulator's staff, as the regulator thinks fit, as—

(a)investigators,

(b)case examiners, and

(c)adjudicators,

for the purposes of each fitness to practise proceedings.

(8) A person may not be appointed—

(a)under more than one sub-paragraph of paragraph (7) in fitness to practise proceedings relating to the same registered social worker, or

(b)as an adjudicator, if they have been appointed as an investigator or a case examiner in relation to any fitness to practise proceedings in the preceding two years.

Marginal Citations

M272007 No. 1351 (N.I. 11). Article 2 was amended by paragraph 76 of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9).

Automatic removal from the registerE+W

26.—(1) This paragraph applies where the regulator becomes aware that a registered social worker has been convicted of a listed offence which was committed on or after the date on which these Regulations (other than regulation 40) come into force, other than a conviction that has been quashed.

(2) Where paragraph (1) applies, the regulator must notify the social worker—

(a)that the regulator proposes to remove the social worker's entry from the register,

(b)of the reason for the proposed removal,

(c)that, if they consider that the proposed removal is based on an error of fact, the social worker may—

(i)make written submissions, within such time as the regulator may specify in the notice, and

(ii)attend before the regulator with or without representation, in order to make oral submissions, and

(d)of the social worker's right of appeal under regulation 27.

(3) The regulator must consider any written and oral representations made in accordance with paragraph (2)(c), and determine whether the proposed removal is based on an error of fact.

(4) Where the regulator determines that the proposed removal is based on an error of fact, or becomes aware that the person's conviction has been quashed, the entry is to remain on the register and the regulator must notify the following accordingly —

(a)the social worker, and

(b)any person who notified the regulator that the social worker had been convicted of a listed offence.

(5) Where paragraph (4) does not apply the regulator must—

(a)remove the entry relating to that person (“P”) from the register, F31...

(b)notify the following of the removal, and of the date of the removal—

(i)P,

(ii)any person by whom P is employed, or with whom P has an arrangement, to provide services as a social worker or in relation to social work (where known),

(iii)any other regulatory body with which P is registered (where known),

(iv)any person who notified the regulator that P had been convicted of a listed offence, and

(v)any other person where, in the opinion of the regulator, it is in the public interest to do so, and

(c)terminate any ongoing fitness to practise proceedings in relation to P.

(6) The regulator must make rules setting out the procedure for removing an entry from the register under this regulation including, in particular, the time within which any step must be taken.

F32(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In these Regulations “listed offence” means—

(a)an offence listed in any of paragraphs 1 to 7 of Schedule 3, or

(b)an offence listed in any of paragraphs 8 to [F3314] of Schedule 3 in respect of which a custodial sentence has been imposed.

Textual Amendments

Appeals against automatic removal from the registerE+W

27.—(1) A person may appeal to the High Court against a determination by the regulator to remove their entry from the register under regulation 26(5), on the ground that the determination was based on an error of fact or of law.

(2) An appeal under paragraph (1) must be made within 28 days of the day on which the person is notified that the regulator proposes to remove their entry from the register.

(3) On an appeal under paragraph (1) the High Court may—

(a)dismiss the appeal,

(b)set aside the determination, or

(c)remit the case to the regulator to dispose of in accordance with the directions of the court,

and may make any order as to costs as it thinks fit.

PART 6E+WRestrictions on practice, protected titles and offences

Carrying out social work in England and use of titleE+W

28.—(1) A person may not practise as a social worker in England unless they are a registered social worker.

(2) A person must not use the title of “social worker” unless they are a registered social worker.

(3) Paragraphs (1) and (2) do not apply to a person who is practising as a social worker in England on a temporary basis, and is registered as a social worker in a register kept by—

(a)Social Care Wales,

(b)the Scottish Social Services Council, or

(c)the Northern Ireland Social Care Council.

Holding out of a person as qualified to carry out social work in EnglandE+W

29.—(1) A person must not falsely represent themselves to be a registered social worker, to have a qualification in relation to social work, or to be the subject of an entry in the register.

(2) A person (“A”) must not make a false representation about another person (“B”) which, if it was made by B, would be contrary to paragraph (1).

Offences in connection with registrationE+W

30.  A person commits an offence if they fraudulently procure, or attempt to procure, the making, amendment, removal or restoration of an entry in the register.

Offences in connection with restrictions on practice and protected titlesE+W

31.—(1) A person commits an offence if, with intent to deceive (whether expressly or by implication), they—

(a)use the title of “social worker” in breach of regulation 28(2),

(b)falsely represent themselves, in breach of regulation 29(1)—

(i)to be registered, or to be the subject of an entry in the register, or

(ii)to possess a qualification in relation to social work.

(2) A person (“A”) commits an offence if—

(a)with intent that any person is deceived (whether expressly or by implication) they cause or permit another person (“B”) to make any representation about A which, if made by A with intent to deceive, would be an offence under paragraph (1), or

(b)with intent to deceive they make any representation with regard to another person (“B”) which—

(i)A knows to be false, and

(ii)if made by B with that intent would be an offence by B under paragraph (1).

Offences in connection with the provision of informationE+W

32.—(1) A person commits an offence if they fail, without reasonable excuse to—

(a)attend and give evidence or produce documents when required to do so by the regulator in accordance with regulation 14(3) (in connection with the removal of an entry under regulation 14(1)(a) on the grounds it was fraudulently procured or incorrectly made),

(b)attend and give evidence or produce documents when required to do so by adjudicators in accordance with regulation 15(5)(b) (in connection with an application for restoration by a person who was the subject of a removal order),

(c)attend and give evidence or produce documents when required to do so by the regulator, or adjudicators, in accordance with regulation 19(4) (in connection with a registration appeal),

(d)provide information when required to do so by the regulator under [F34paragraph 1(1A) or (3)(a)], or by investigators under paragraph 4(1)(b), of Schedule 2 (in connection with fitness to practise proceedings), or

(e)attend and give evidence or produce documents when required to do so by [F35the regulator or] investigators in accordance with paragraph 5(1) of Schedule 2 (in connection with fitness to practise proceedings).

Textual Amendments

Offences under this PartE+W

33.  A person guilty of an offence under this Part is liable on summary conviction to a fine.

PART 7E+WPowers of intervention

Referral of cases by the Authority to the High CourtE+W

34.  M29The following decisions are specified for the purposes of section 29(2A) of the National Health Service Reform and Health Care Professions Act 2002—

(a)a decision made under regulation 14(1)(a) (removal from the register where registration fraudulently procured or incorrectly made),

[F36(b)a decision made under regulation 15(6) (to restore a person to the register after a previous removal order),]

(c)a decision made under regulation 26(5) (automatic removal from the register),

(d)a decision made under paragraph 12(1) of Schedule 2 (that fitness to practise is not impaired),

(e)a decision made under paragraph 12(3)(a) or (c) of Schedule 2 (that fitness to practise is impaired, but imposing no order)

(f)a decision made under paragraph 12(3)(b) of Schedule 2 (making a final order),

(g)a decision under [F37paragraph 15(1) or (2)] of Schedule 2 (on a review of a final order).

Textual Amendments

Marginal Citations

M29By virtue of section 29(2A) and (4) of the National Health Service Reform and Health Care Professions Act 2002, the Professional Standards Authority for Health and Social Care may refer decisions of the regulator, of a description specified in regulations, to the High Court.

Power of the Secretary of State to investigateE+W

35.—(1) This paragraph applies where the Secretary of State has reason to believe that the regulator—

(a)has defaulted in performing any function and has not remedied the default, or

(b)is likely to default in performing any function.

(2) Where paragraph (1) applies, the Secretary of State must carry out an investigation in accordance with paragraphs (3) to (5).

(3) Unless the Secretary of State considers that it would not be in the public interest, the Secretary of State must inform the following of the investigation and the grounds for it, and invite them to make representations—

(a)the regulator,

(b)the Authority,

(c)any person or body affected, or likely to be affected, by the default, and

(d)any other person or body the Secretary of State considers appropriate.

(4) The Secretary of State must—

(a)review the facts and evidence, or

(b)appoint a person or body to review the facts and evidence and report to the Secretary of State, and

determine whether there has been, or is likely to be, a default by the regulator.

(5) Unless the Secretary of State considers that it would not be in the public interest, as soon as practicable after the determination referred to in paragraph (4) the Secretary of State—

(a)must notify the regulator of—

(i)the determination and the reasons for it, and

(ii)in the case of a determination that there has been, or is likely to be, a default by the regulator, the time within which the regulator may make representations to the Secretary of State, and

(b)may notify any other person who was informed of the investigation in accordance with paragraph (3), of the determination and the reasons for it.

The procedure for giving remedial directionsE+W

36.—(1) This paragraph applies where the Secretary of State has determined, in accordance with regulation 35(4) that the regulator—

(a)has defaulted in performing any function and has not remedied the default, or

(b)is likely to default in performing any function.

(2) Where paragraph (1) applies the Secretary of State—

(a)must consider any representations made by the regulator under regulation 35(5)(a)(ii), and

(b)having done so, may give a direction in writing (a “remedial direction”) to the regulator specifying—

(i)the nature of the default, or likely default,

(ii)the reasons for the Secretary of State's determination,

(iii)the action (the “remedial action”) the regulator must take in order to remedy or avoid the default,

(iv)the date by which the remedial action must be taken, and

(v)the steps the Secretary of State may take if the regulator fails to take the remedial action by that date.

(3) A remedial direction may direct the regulator to require an adviser to support and assist it in taking any remedial action.

(4) The Secretary of State must publish a remedial direction in such manner as the Secretary of State thinks appropriate.

Failure to comply with a remedial directionE+W

37.—(1) This paragraph applies where the regulator has failed to take remedial action by the date specified in a remedial direction.

(2) Where paragraph (1) applies, the Secretary of State must notify the regulator in writing that it has failed to comply with the remedial direction, and set out any steps the Secretary of State will take in order to give effect to the remedial direction.

(3) The steps the Secretary of State may take for the purposes of giving effect to the remedial direction are—

(a)taking over the exercise of any of the regulator's functions,

(b)taking any other action which the regulator is empowered to take under these Regulations,

(c)appointing an individual or body (an “appointee”) to take the steps in sub-paragraph (a) or (b), or both,

provided that the Secretary of State and any appointee must not take a decision about whether to make, amend, remove or restore an entry in the register in respect of an individual.

(4) The Secretary of State must consult the regulator in exercising any of the regulator's functions under paragraph (3) where the Secretary of State considers that to be appropriate.

(5) The Secretary of State must ensure that any appointee—

(a)is appointed as soon as practicable after the notification mentioned in paragraph (2) is given,

(b)has the experience and expertise which the Secretary of State considers is necessary to exercise the relevant functions of the regulator, and

(c)is able to exercise those functions in accordance with any timetable specified by the Secretary of State.

(6) Before their appointment, a prospective appointee must agree in writing with the Secretary of State—

(a)the terms on which, and the period for which, they will exercise the relevant functions of the regulator,

(b)whether the appointee must consult the regulator in exercising any of those functions,

(c)the terms on which, and the manner in which, the exercise of those functions will be returned to the regulator, or transferred to another appointee, at the end of the period mentioned in sub-paragraph (a), and

(d)the circumstances in which the appointment may be revoked before the end of that period.

(7) An appointee must exercise the relevant functions of the regulator in accordance with the agreement mentioned in paragraph (6).

(8) The regulator must co-operate with the Secretary of State and any appointee, and provide such information, advice, guidance or assistance as the Secretary of State, or appointee, considers appropriate.

Payment by the regulator of expenses incurredE+W

38.  Where the Secretary of State makes payment to an appointee, or incurs expenses as a result of taking any action under regulations 35 or 37, the Secretary of State may recover the amount of that payment, or that expense, from the regulator.

PART 8E+WAmendments to other legislation

Amendments to the Mental Health Act 1983E+W

39.—(1) Section 114ZA of the Mental Health Act 1983 (approval of courses: England) is amended as follows.

(2) In subsection (1), for “The Health and Care Professions Council” substitute “ Social Work England ”.

(3) In subsection (2), for “The Council” substitute “ Social Work England ”.

(4) Omit subsection (4).

(5) At the end insert—

“(5) Social Work England may charge fees for approving courses under subsection (1).

(6) In this section “Social Work England” means the body corporate established by section 36(1) of the Children and Social Work Act 2017.”.

Amendment to the Equality Act 2010E+W

40.—(1) Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general) M30 is amended as follows.

(2) Under the heading “Regulators”, after the entry for the Security Industry Authority insert—

“Social Work England.”.

Marginal Citations

M30Part 1 of Schedule 19 was amended by paragraph 102 of Part 5 of Schedule 12 to the Energy Act 2013 (c. 32) and by S.I. 2011/1060 and 2017/353. There are other amendments but none is relevant.

Amendments to the Health and Social Work Professions Order 2001E+W

41.—(1) The Health and Social Work Professions Order 2001 is amended as follows.

(2) In article 3(3) omit “(and see also section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals))”.

(3) Omit article 14(b).

(4) Omit article 15A.

(5) Omit article 15B.

(6) In article 16(6) omit “; but that does not apply to AMHP courses”.

(7) Omit article 17(3A).

(8) In article 18—

(a)omit paragraph (1A),

(b)in paragraph (3) omit “or (1A)”,

(c)in paragraph (6) omit “or, as the case may be, (1A)” in both places where it appears.

Amendment to the European Communities (Recognition of Professional Qualifications) Regulations 2007E+W

42.—(1) The European Communities (Recognition of Professional Qualifications) Regulations 2007 are amended as follows.

(2) In the table in Part 1 of Schedule 1 (professions regulated by law or public authority), in the entry for “Social Worker in England” for “Health and Care Professions Council”M31 substitute “Social Work England”.

Marginal Citations

M31The words “Health and Care Professions Council” were substituted by S.I. 2012/1479.

Amendments to the Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008E+W

43.—(1) The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008 M32 are amended as follows.

(2) In regulation 3—

(a)in paragraph (3) for “the Health and Care Professions Council” substitute “ Social Work England ”,

(b)after paragraph (3) insert—

“(4) In this regulation “Social Work England” means the body corporate established by section 36(1) of the Children and Social Work Act 2017.”.

Marginal Citations

Amendments to the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008E+W

44.—(1) The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 M33 are amended as follows.

(2) In regulation 5(2)(d), at the end insert “ or a social worker registered in the register of social workers in England kept by Social Work England under section 39(1) of the Children and Social Work Act 2017 ”.

(3) In regulation 5(3)(c) for “that has been approved by the Secretary of State” substitute “ , that has been specified by Social Work England, ”.

(4) After regulation 5(3) insert—

“(4) Social Work England may charge a fee for specifying training mentioned in paragraph (3)(c).

(5) Any fee charged by Social Work England under paragraph (4)—

(a)may be set at a level which exceeds the cost of specifying training in respect of which it is charged,

(b)must be set with a view to ensuring that, so far as possible, Social Work England's fee income in any year does not exceed its expenses in the same year.

(6) Social Work England must determine—

(a)the time within which any fee is to be paid,

(b)the circumstances in which a fee—

(i)is not chargeable,

(ii)may be reduced,

(iii)may be refunded, in whole or in part, or

(iv)may be waived, and

(c)the steps it may take in the event that a fee charged under paragraph (4) is not paid within the time set, including—

(i)refusing to specify the training in question, and

(ii)recovery of the fee as a civil debt.

(7) Social Work England must pay any fees received under this regulation to the Secretary of State, unless the Secretary of State with the consent of the Treasury directs otherwise.

(8) In this regulation “Social Work England” means the body corporate established by section 36(1) of the Children and Social Work Act 2017.”.

Marginal Citations

Amendments to the European Union (Recognition of Professional Qualifications) Regulations 2015E+W

45.—(1) The European Union (Recognition of Professional Qualifications) Regulations 2015 M34 are amended as follows.

(2) In the table in Part 1 of Schedule 1 (professions regulated by law or public authority)—

(a)omit “Social Worker in England”, and

(b)before the entry “Social Worker in Northern Ireland” insert—

“Social Worker in EnglandSocial Work England”.

Marginal Citations

Amendment to the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017E+W

46.—(1) The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 M35 are amended as follows.

(2) In Schedule 2, under the heading “Regulators”, after “The Security Industry Authority.” insert—

“Social Work England.”.

Marginal Citations

Nadhim Zahawi

Parliamentary Under Secretary of State

Department for Education

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