The Social Workers Regulations 2018

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Review of final ordersE+W

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15.—(1) The regulator must review a suspension order, or a conditions of practice order, before its expiry, and may—

(a)with effect from the date on which the order would have expired, extend or further extend the period for which the order has effect, provided that [F1the extension or further extension does not exceed three years from the date on which it is extended or further extended],

(b)with effect from the expiry of the order, make any order [F2(“the new order”)] which the case examiners or the adjudicators (as the case may be) could have made at the time they made the order, provided that the period for which [F3the new order has effect does not exceed three years from the date on which it is made],

(c)in the case of a suspension order, with effect from its expiry make a conditions of practice order with which the social worker must comply if they resume practice as a social worker at the end of the period of suspension specified in the order,

[F4(d)revoke the order with effect from the date of the review for the remainder of the period for which it would have had effect.]

[F5(1A) Where a social worker appeals against a decision made under sub-paragraph (1), the decision being appealed takes effect from the date specified in that sub-paragraph notwithstanding any appeal against that decision.]

(2) The regulator may review a final order where new evidence relevant to the order has become available after the making of the order, or when requested to do so by the social worker, and may—

(a)confirm the order,

(b)extend, or further extend, the period for which the order has effect, provided that the extended period does not exceed [F6—

(i)in the case of a suspension or a conditions of practice order, three years; or

(ii)in the case of a warning order, five years,]

(c)reduce the period for which the order has effect, but in the case of a warning order, not so that it has effect for less than one year beginning on the date when the order was made F7...,

[F8(d)substitute any order which the adjudicators or the case examiners could have made on the date on which they made the order],

(e)revoke the order, and in the case of a suspension order may make the revocation subject to the social worker satisfying such requirements as to additional education or training and experience as apply to them,

(f)revoke or vary any condition imposed by the order.

[F9(2A) The decision on a review under sub-paragraph (2) takes effect from the date on which the regulator completes the review notwithstanding any appeal against that decision.]

(3) A request by the social worker under sub-paragraph (2) must be made within such period as the regulator determines in rules made under regulation 25(5), and [F10an order made under paragraph 12(3)(b)] does not have effect until after the expiry of that period.

(4) Sub-paragraphs (1) and (2) apply in relation to an order made on a review under those paragraphs, as they apply to an order made under paragraph [F119(2)(c) or] 12(3)(b).

(5) The regulator may not take any action mentioned in sub-paragraphs (1) or (2) unless it has first informed the social worker of the proposed action and given them the opportunity—

(a)to make written submissions, or

(b)to attend before the regulator and be represented, in order to make oral submissions.

(6) Where the regulator takes any action mentioned in sub-paragraphs (1) or (2) it must inform the following accordingly—

(a)the social worker,

(b)any person by whom the social worker is employed, or with whom they have an arrangement, to provide services as a social worker or in relation to social work (where known),

(c)any regulatory body with which the social worker is registered (where known), and

(d)where the fitness to practise proceedings were instigated following a complaint against the social worker, the complainant.

Textual Amendments

F1Words in Sch. 2 para. 15(1)(a) substituted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 11(2)(a)

F2Words in Sch. 2 para. 15(1)(b) inserted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 11(2)(b)(i)

F3Words in Sch. 2 para. 15(1)(b) substituted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 11(2)(b)(ii)

F4Sch. 2 para. 15(1)(d) inserted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 11(2)(c)

F5Sch. 2 para. 15(1A) inserted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 11(3)

F6Words in Sch. 2 para. 15(2)(b) substituted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 11(4)(a)

F7Words in Sch. 2 para. 15(2)(c) omitted (16.12.2022) by virtue of The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 11(4)(b)

F8Sch. 2 para. 15(2)(d) substituted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 11(4)(c) (with reg. 5)

F9Sch. 2 para. 15(2A) inserted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 11(5)