(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.
Textual Amendments
F1Words 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)
Commencement Information
I1S. 117 in force at 3.4.2017 by S.I. 2017/309, art. 2(e) (with arts. 3, 4, Sch.)