PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE
CHAPTER 2PRELIMINARY PROCEDURES
Investigation
125Duty to investigate
1
SCW must investigate, or make arrangements for the investigation of, a matter referred under section 119 in respect of a registered person’s fitness to practise.
2
The person conducting an investigation under this section may, at any stage during the investigation, refer the matter to an interim orders panel.
3
SCW must by rules make provision about the arrangements for investigations under this section.
4
Rules made under subsection (3) may, in particular, make provision for—
a
the registered person to make representations to the person conducting the investigation;
b
investigations to be carried out by a member of SCW’s staff;
c
the appointment of one or more individuals for the purpose of conducting an investigation;
d
the appointment of persons to provide assistance in relation to an investigation.
5
But rules made under subsection (3) may not provide for an investigation to be carried out by—
a
a person who is a member of—
i
SCW,
ii
the Health and Care Professions Council,
iii
the Scottish Social Services Council, or
iv
the Northern Ireland Social Care Council;
b
a person who is a member of a fitness to practise panel;
c
a person who is a member of an interim orders panel;
d
a prescribed person.
126Powers following an investigation
1
This section applies where the investigation of a matter relating to a registered person’s fitness to practise has been concluded.
2
SCW must refer the matter to a fitness to practise panel if it is satisfied that—
a
there is a realistic prospect of the panel finding that the registered person’s fitness to practise is impaired, and
b
it is in the public interest to refer the matter.
3
Where the matter is not referred to a fitness to practise panel, SCW may—
a
decide to take no further action in respect of the registered person;
b
give advice to the registered person, or to any other person involved in the investigation, in respect of any matter related to the investigation;
c
issue a warning to the registered person in respect of future conduct or performance;
d
agree with the registered person that he or she will comply with such undertakings as SCW thinks appropriate;
e
grant an application under section 92 by the registered person for his or her entry in the register to be removed by agreement.
127Notice: referral or disposal
1
SCW must give notice to the persons listed in subsection (2) of—
a
the referral of a matter to an interim orders panel under section 125(2);
b
the referral of a matter to a fitness to practise panel under section 126(2);
c
the way in which the matter has been disposed of under section 126(3).
2
The persons are—
a
the registered person to whom the matter relates, and
b
where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation.
3
SCW may give notice to any other person of the referral or disposal of a matter under section 126 if satisfied that it is in the public interest to do so.
4
A notice under this section must give the reasons for the referral.
128Warnings
1
Where SCW is proposing to issue a warning to a registered person, SCW must—
a
notify the registered person of its intention, and
b
notify that person of the right to request an oral hearing for the purpose of determining whether or not to give a warning.
2
SCW must by rules make provision about—
a
the period within which a request for an oral hearing may be made;
b
the arrangements and procedure for an oral hearing.
3
SCW must grant a request for an oral hearing if the request is made in accordance with the requirements of rules made under subsection (2).
129Undertakings
1
SCW must by rules make provision about the agreement of undertakings under section 126(3)(d).
2
The rules may, in particular, make provision about—
a
the procedure to be followed for the agreement of undertakings;
b
the procedure to be followed in the event of a breach of an undertaking;
c
the consequences of a breach of an undertaking;
d
periodic review of a requirement to comply with an undertaking.
130Mediation
1
The Welsh Ministers may by regulations provide, or authorise SCW by rules to provide, for arrangements for mediation to be undertaken with any registered person in respect of whom a matter is referred for investigation under section 125.
2
The regulations may make provision about, or authorise SCW by rules to make provision about—
a
the circumstances in which mediation may be undertaken, and
b
the arrangements for undertaking mediation.