Specialist Social Work England defence for registered social workers.
What we do in Social Work England cases
What we do at Social Work England
- Responding to Social Work England investigation letters and requests for information
- Case examiner representations and accepted disposal negotiations
- Interim order hearings
- Fitness-to-practise hearings before Social Work England adjudicators
- Sanctions hearings and review hearings
- Restoration applications after removal
- Appeals to the High Court
Social Work England has been the specialist regulator for social workers in England since December 2019. All qualified social workers in England must be registered with Social Work England to practise. We represent social workers at every stage of Social Work England fitness-to-practise proceedings.
The Social Work England fitness-to-practise process: stage by stage
Stage 1: Triage
When a concern is referred to Social Work England, it carries out an initial assessment to decide whether it is serious enough to open a formal investigation. Many referrals are closed at this stage. Employers, colleagues, service users, and the police can all refer concerns. Social workers also have a duty under Professional Standard 6.6 to self-refer anything that may affect their ability to practise safely.
Stage 2: Investigation
If a formal investigation is opened, Social Work England gathers evidence from both sides and invites the social worker to respond. How you respond at the investigation stage can significantly influence whether the case proceeds further. We advise on what to provide and draft your response to address each concern directly.
Stage 3: Case examiners
After the investigation, case examiners review the evidence and decide whether there is a realistic prospect that an adjudicator panel would find impairment. They can close the case, propose an accepted disposal (an agreed sanction without a hearing), or refer to a final hearing. Accepted disposals require the social worker to admit impairment and agree to the proposed sanction. We advise on whether acceptance is appropriate and negotiate the terms of any accepted disposal where it is.
Stage 4: Interim orders
Social Work England can apply for an interim order — interim conditions or interim suspension — before any final hearing, if it considers there is a risk to the public or to public confidence. An interim suspension means you cannot work as a registered social worker while the case is ongoing. We prepare representations for interim order hearings and attend to advocate on your behalf.
Stage 5: Final hearing
Final hearings are conducted before a panel of adjudicators — at least two, including a qualified social worker and a lay chair — who hear evidence and determine whether the social worker’s fitness to practise is impaired and, if so, the appropriate sanction. Hearings are held in public. Social Work England has faced significant delays: cases going to final hearing have taken an average of over four years to complete. We manage your expectations from the outset and keep you informed throughout.
Why Social Work England cases are different
Social Work England sanctions
If adjudicators find that a social worker’s fitness to practise is impaired, they may impose:
- Warning order — placed on the register for one, three, or five years; visible to employers
- Conditions of practice order — restrictions on how you practise, for up to three years at a time
- Suspension order — removal from the register for a defined period, subject to review
- Removal order — permanent removal from the Social Work England register
Removal means you can no longer work as a registered social worker in England. You may apply for restoration to the register after five years. Restoration requires a formal application and is not automatic.
How Social Work England differs from the HCPC
Social work in England was regulated by the HCPC until December 2019. Social Work England took over as the specialist regulator at that point. If you were a social worker in England registered with the HCPC before December 2019, your registration transferred to Social Work England. The HCPC no longer regulates social workers in England.
Social Work England’s process is broadly similar to other health and care regulators, but has some important differences — including the accepted disposal process at the case examiner stage, and the significant delays currently affecting the progress of cases to final hearing. Contact us for a free consultation if you have received any correspondence from Social Work England.
Common questions about Social Work England investigations
What triggers a Social Work England investigation?
Social Work England investigations are typically triggered by referrals from employers, colleagues, service users, or the police. Employers have a duty to refer social workers in certain circumstances, including where a worker is dismissed or resigns in connection with misconduct allegations. Social workers also have a personal duty under Professional Standard 6.6 to self-refer anything that may affect their ability to practise safely, including criminal convictions and cautions.
What is an accepted disposal?
An accepted disposal is an agreement between the social worker and Social Work England’s case examiners to resolve a case without a final hearing. It requires the social worker to admit that their fitness to practise is impaired and to agree to the proposed sanction.
Accepted disposals can be appropriate where the facts are not in dispute and the proposed sanction is proportionate. Whether to accept a proposed disposal is a significant decision — the admissions required have professional and reputational consequences. We advise on whether acceptance is in your interests and, where appropriate, negotiate the terms.
How long does a Social Work England investigation take?
Social Work England has been affected by significant delays. Cases going to final hearing have taken an average of over four years to complete. The regulator has limited capacity for final hearings and carries a substantial backlog of cases. Delays are a major source of stress for social workers under investigation, many of whom are subject to interim orders preventing them from working during this period. We manage your expectations from the outset and keep you informed at every stage.
Can Social Work England suspend me before a hearing?
Yes. Social Work England can apply for an interim order — interim conditions of practice or interim suspension — before any final hearing if it considers there is a risk to the public or to public confidence. An interim suspension means you cannot work as a registered social worker while the case continues. These hearings can be called at short notice. We prepare detailed representations and attend to advocate on your behalf.
What is the difference between Social Work England and the SSSC?
Social Work England regulates social workers in England only. The Scottish Social Services Council (SSSC) regulates social workers and a wider range of social care workers in Scotland. If you are a social worker in Scotland, you are regulated by the SSSC, not Social Work England. Social workers in Wales are regulated by Social Care Wales, and in Northern Ireland by the NISCC.
Do I need a solicitor for Social Work England proceedings?
You are entitled to be represented at all stages of Social Work England proceedings. We strongly advise instructing a specialist solicitor before responding to any investigation correspondence. Social Work England has experienced case workers and presenting officers. Being unrepresented at a final hearing is a significant disadvantage. Contact us for a free one-hour consultation.