PART 6

SOCIAL CARE WORKERS: FITNESS TO PRACTISE
CHAPTER 1

GROUNDS OF IMPAIRMENT

Fitness to practise
117
1
A person's fitness to practise may be regarded as impaired for the purposes of this Part and Part 4 by reason only of one or more of the following grounds—
a
deficient performance as a social care worker;
b
serious misconduct (whether as a social care worker or otherwise);
c
the inclusion of the person in a barred list;
d
a determination by a relevant body to the effect that the person's fitness to practise is impaired;
e
adverse physical or mental health;
f
a conviction or caution in the United Kingdom for a criminal offence, or a conviction or caution elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence.
2
For the purposes of subsection (1)(a) “deficient performance as a social care worker” may include—
a
an instance of negligence,
b
a breach of an undertaking agreed with SCW under this Act, and
c
a breach of an undertaking agreed with a fitness to practise panel under this Act.
3
In subsection (1)(c) “barred list” means—
a
a list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c.47);
b
a list kept under section 1 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14);
c
a list maintained under article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351).
4
In subsection (1)(d) “relevant body” means—
a
the Health and Care Professions Council or Social Work England;
b
the Nursing and Midwifery Council;
c
the Scottish Social Services Council;
d
the Northern Ireland Social Care Council;
e
a body outside of the United Kingdom which is responsible for the regulation of activities which would, in Wales, be regulated by SCW;
f
a prescribed body.
5
A person's fitness to practise may be regarded as impaired by reason of matters arising or incidents occurring—
a
whether inside or outside of Wales;
b
whether or not the person was registered on the register at the time;
c
whether before or after this section comes into force.
6
The Welsh Ministers may by regulations amend subsection (1) for the purpose of adding, modifying or removing a ground of impairment.
S. 117 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)
Words in s. 117(4)(a) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 41(b); S.I. 2019/1436, reg. 2(s)