Part 2

Social workers etc in England

Regulation and improvement

Discipline and fitness to practise
44
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.
S. 44(2)-(5) in force at 1.4.2018 by S.I. 2018/346, reg. 4(n)
S. 44(1) in force at 2.12.2019 by S.I. 2019/1436, reg. 2(e)