Children and Social Work Act 2017

44 Discipline and fitness to practise E+W

(1) The regulator must—

(a) make arrangements for protecting the public from social workers in England whose fitness to practise is impaired, and

(b) make arrangements for taking other disciplinary action against social workers in England.

(2) The Secretary of State may by regulations require the regulator to make arrangements for taking disciplinary action against registered students.

(3) The Secretary of State may by regulations make further provision about—

(a) fitness to practise as a social worker in England,

(b) discipline of social workers in England or registered students, and

(c) the arrangements to be made under subsection (1) or (2).

(4) For example, the regulations may make provision about—

(a) the person by whom decisions about discipline or fitness to practise are to be taken on behalf of the regulator;

(b) the appointment of assessors, examiners or legal or other advisers;

(c) the circumstances in which disciplinary action may be taken or the circumstances in which a person's fitness to practise is impaired;

(d) the procedure for considering, investigating or determining disciplinary matters or fitness to practise (including standard of proof);

(e) powers to obtain information;

(f) temporary measures that may be taken against a person pending the outcome of an investigation;

(g) sanctions;

(h) appeals against decisions;

(i) publication of decisions.

(5) The provision that may be made about persons appointed under the regulations includes provision about—

(a) payments to those persons;

(b) staff, facilities or other assistance.

Commencement Information

I1 S. 44(1) in force at 2.12.2019 by S.I. 2019/1436, reg. 2(e)

I2 S. 44(2)-(5) in force at 1.4.2018 by S.I. 2018/346, reg. 4(n)