What to expect from the fitness to practise process
Social Work England, the regulator, has a legal responsibility to consider every concern raised about social workers in England. Every social worker must uphold the professional standards and practise safely. This is to make sure that the public is protected, that public confidence in social workers is maintained, and that people can receive the best possible support whenever they might need it in life.
We know that it can be a disheartening prospect for some social workers when concerns about their fitness to practise are raised. The fitness to practise process is designed so that concerns pass through more than one decision making stage. This ensures that matters that do not need to be considered through a hearing are concluded as early in the process as possible.
What happens if a concern is raised with Social Work England about me?
On average only 1.6 per cent of social workers on the register pass through any part of the fitness to practise process each year, from the initial (triage) stage, to a public hearing.
The triage stage considers whether there are reasonable grounds for Social Work England to investigate the concern.
Social Work England does not notify social workers that a concern has been made unless they decide to investigate it. This is to avoid causing social workers unnecessary worry.
Between 1 April and 30 June 2024, approximately 70 per cent of all concerns raised with Social Work England were closed at the triage stage. This is because there was no information that suggested that a social worker's fitness to practise had been impaired, or the professional standards had not been upheld.
Read the step by step guide to the fitness to practise process, from when a concern is raised to the possible outcomes.
What happens if the concern is investigated?
Following the triage stage, if Social Work England decides to investigate a concern, it will let the social worker know within 14 calendar days. It will provide details of the concern and why it has chosen to investigate it. It will also tell your employer (if you have one) about the investigation. Once the investigation has started, Social Work England will be in regular contact with the social worker and everyone involved.
Once the investigation has finished, the investigator will provide a report to the case examiners. This will include the key evidence gathered during the investigation and where appropriate, recommendations as whether the case should be closed or referred for further action.
The evidence and the report will usually be shared with the social worker, who will be able to make a written response before the case is referred to the next phase.
What is the case examination phase?
At this point, two independent case examiners will consider the evidence from the investigation. One of the case examiners will always be a practising social worker. They will decide whether to close the case without further action, close the case with advice or a warning, refer the case to a final hearing or offer an accepted disposal. Accepted disposal means that a case is not referred to a hearing in circumstances where a suitable outcome can be agreed. It is not an option in every case. Read more about this in the disposal of a case without a hearing section on the website.
What support is made available throughout the process?
Social Work England will provide:
- documents and guidance on the process
- a named contact who you can ask questions and talk to
- staff who are trained to listen and support
- additional support through the process for those who need it
As Social Work England cannot advise you on how you wish to respond to the concern raised about you, only on the process, social workers can find about other independent sources of advice, including financial, legal and emotional support, through Social Work England’s website. You may find it useful to approach your representative bodies and professional networks.
It is vital to remember that any social worker could find themselves in the fitness to practise process if a concern is raised to suggest that they are not meeting the professional standards. This is because the regulator was established under the Children and Social Work Act 2017 with the purpose to protect, promote and maintain the health, safety and wellbeing of the public. If you would like to know more about the fitness to practise process, there is extensive information and guidance in the concerns section of Social Work England’s website.