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Regulation and Inspection of Social Care (Wales) Act 2016

Chapter 5: Sections 150157 – Review proceedings

201.This Chapter sets out the system for reviewing conditions of practise, suspension orders and undertakings. All review hearings under this Chapter will be carried out by fitness to practise panels. Hearings must take place if this has been directed by the original panel, or agreed in the case of an undertaking. Therefore a conditional registration order to complete a training course within 6 months could provide that a review must take place before expiry of the order to ensure that the registered person has completed the course. Hearings should also take place if SCW becomes aware of new evidence suggesting that a sanction imposed on a person should be reviewed. For example if SCW was made aware of an allegation that a suspended social worker was practising, a review hearing should take place. See explanatory note to sections 131-133 for further detail.

202.Panels are able to take a number of decisions in relation to the original order; (whether that be a conditional registration order, a suspension order, or an undertaking). A panel may confirm or revoke the order; it may extend or reduce the period of the order; or it may adjust or remove any of the conditions. The panel can also impose any sanction or other form of disposal it considers more appropriate. For example, a persistent and serious breach of conditions may mean that a removal order is necessary.

203.Upon review of a suspension order, panels can extend the order indefinitely if a registered person has been suspended for at least two years for reason only of adverse health. Those subject to indefinite suspension orders can request that a fitness to practise panel review the order. A first application for review cannot be made until 2 years have passed since the order was made; and subsequent applications for review are subject to similar restrictions: once an unsuccessful application has been made, a person must wait for a period of 2 years before making another application. This would be relevant to workers who might be suffering from a long-term illness and cannot practise for a considerable period of time and therefore for whom regular reviews are not appropriate.

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Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.


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