PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE

CHAPTER 1GROUNDS OF IMPAIRMENT

117Fitness to practise

(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 F1or 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.