PART 6

SOCIAL CARE WORKERS: FITNESS TO PRACTISE
CHAPTER 2

PRELIMINARY PROCEDURES

Preliminary consideration of allegations etc.

Preliminary consideration
119
1
The person giving preliminary consideration to a matter referred by SCW must refer that matter for investigation under section 125 unless—
a
the person determines that the matter is not eligible for onward referral under section 120, or
b
the person is required by section 121 to refer the matter directly to a fitness to practise panel.
2
The person giving preliminary consideration to a matter may, at any stage, refer the matter to an interim orders panel (in addition to making a referral or determination under subsection (1)).
3
SCW must by rules make provision about the procedure for preliminary consideration which may, in particular, provide for preliminary consideration to be carried out by—
a
one or more persons appointed for that purpose, on such terms and conditions (including remuneration) as SCW may determine;
b
one or more members of SCW’s staff.
4
But rules made under subsection (3) may not provide for preliminary consideration 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.
5
SCW must make such arrangements as it thinks appropriate to facilitate co-operation between—
a
a person who has made an allegation that a registered person’s fitness to practise is impaired, and
b
the person giving preliminary consideration to the allegation.