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Health and Social Care Act 2008

Regulation of social care workforce

Section 125: Standard of proof in proceedings relating to registration of social care worker

395.Section 125 makes provision for the civil standard of proof to be used in any proceedings which relate to a social care worker’s suitability to be or remain registered. The civil standard is to be used in all such proceedings whether before the GSCC or the CCW, or before one of their committees or any of their officers. It ensures that the civil standard of proof is applied consistently by all of the health and social care professions’ regulatory bodies.

396.Subsection (4) prevents regulations made under section 124 from amending section 125 or making any provision that is inconsistent with the requirement to adopt the civil standard of proof. This means that any change to the requirement to use the civil standard can only be made through another Act of Parliament.

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