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.