We represent social care workers, social workers, children and young people workers, early years workers, and residential child care workers regulated by the SSSC in Scotland.
A concern can be referred to the SSSC by an employer, a member of the public, or another body. The SSSC first assesses whether the concern meets the threshold for a formal investigation. Employers in Scotland have a legal duty to refer workers to the SSSC in certain circumstances, including dismissal or resignation in connection with allegations of misconduct.
If a concern proceeds, the SSSC appoints an investigating officer who gathers information and invites your response. Responding carefully to SSSC investigation correspondence is critical. We advise on what to provide, how to present your position, and what additional evidence can help close the case at this stage.
If the SSSC decides the concern should be heard, the case is referred to a Fitness to Practise Panel. Panels consist of a legally qualified convener and at least two other members, who may include a registrant from a relevant part of the register. The panel hears evidence, makes findings of fact, and if impairment is found, determines the appropriate sanction.
The SSSC can apply for a temporary order — conditions or a suspension of registration — before any final hearing, if it considers there is a risk to those who use services or to public confidence. A temporary suspension means you cannot work in a role that requires SSSC registration while the investigation continues. We prepare representations for temporary order hearings and attend to advocate on your behalf.
SSSC decisions can be appealed to the Sheriff Court (or the Sheriff Appeal Court). Appeals must be lodged promptly after the panel decision. We advise on appeal prospects and represent workers in SSSC appeals.
If an SSSC Fitness to Practise Panel finds that a registrant’s fitness to practise is impaired, it may impose:
Removal from the SSSC register means you can no longer work in a role that requires SSSC registration in Scotland. The SSSC register covers a wide range of roles in social care, early years, and social work services. Working in a regulated role without registration is a criminal offence under the Regulation of Care (Scotland) Act 2001.
Registration with the SSSC is required for a large number of social care and social work roles in Scotland. The SSSC register covers social workers, social care workers, early years workers, children and young people workers, residential child care workers, and several other regulated groups. If your role in Scotland requires SSSC registration and you are facing an investigation or hearing, we can represent you.
Contact us for a free one-hour consultation. We advise on all stages of SSSC fitness-to-practise proceedings and represent workers before the SSSC panel and on appeal.
The Scottish Social Services Council (SSSC) regulates the social service workforce in Scotland. Registration is required for a range of roles including: social workers; social care workers in care homes, housing support, and home care; early years workers in nurseries and out-of-school care; children and young people workers; and residential child care workers. Working in a regulated role without current SSSC registration is a criminal offence in Scotland.
SSSC investigations are typically triggered by referrals from employers, who are under a legal duty to notify the SSSC of certain circumstances — including where a worker is dismissed or resigns in connection with misconduct allegations. Concerns can also be referred by members of the public, other regulators, or the police. Common concerns include conduct towards service users, dishonesty, health concerns, and criminal convictions.
Yes. The SSSC can apply for a temporary order — conditions or a temporary suspension of registration — before any final hearing if it considers there is a risk to those who use services or to public confidence in the profession. A temporary suspension means you cannot work in a regulated role requiring SSSC registration while the investigation or hearing process continues. We prepare detailed representations for temporary order hearings and attend to advocate on your behalf.
The SSSC operates under Scottish legislation and has its own procedural rules, distinct from regulators like the HCPC or Social Work England. Appeals go to the Sheriff Court rather than the High Court in England and Wales. The SSSC also has a broader remit than Social Work England, covering a wider range of social care and early years roles, not just social workers. If you are in Scotland and facing a fitness-to-practise investigation in your social care role, it is important to instruct someone familiar with the SSSC process specifically.
Under the Regulation of Care (Scotland) Act 2001, working in a role that requires SSSC registration without being registered is a criminal offence. If your registration has been suspended or if you have been removed from the register, you must not work in a regulated role. If your registration is subject to conditions, you must comply with those conditions. Breaching a SSSC order can result in criminal proceedings as well as further regulatory action.
You are entitled to be represented at SSSC fitness-to-practise hearings. We strongly advise instructing a specialist solicitor before responding to any SSSC investigation correspondence. The earlier specialist advice is obtained, the greater the opportunities to influence the outcome. We have represented social care workers before the SSSC at temporary order hearings and fitness-to-practise panels. Contact us for a free consultation.