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.