Interim Orders – what are they and what is their impact?

This month's A&R Team Digest delves into how to approach an Interim Order from your regulator

The correct approach to an interim order hearing is essential, as well as engaging with the regulator and the process in the right way.

Laura Sheridan, BASW/SWU A&R Officer

Laura Sheridan, a member of the BASW/SWU Advice and Representation (A&R) Team, gives a helpful insight into what an Interim Order is, how they are applied, and the correct approach to follow if it is imposed.

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“I am relying on the local food bank”.
“I am facing losing my home”.
“I am having to rehome the family pet”.

These are just some of the comments that have been made by those I have represented who are subject to interim orders.

An interim order is an order that is imposed by the regulator that restricts a registrant’s ability to practise while a fitness to practise investigation takes place. They take the form of either an interim suspension order or an interim conditions of practice order, in which registrants have to meet certain conditions to practise their profession. They are generally imposed when the regulator believes that the allegations are so serious that the registrant should not be left to practise unrestricted while an investigation is ongoing.

Interim orders can have a devastating impact on registrant’s lives. They prevent them from practising their profession, cause severe financial hardship and significant reputational damage. This is why the right approach to an interim order hearing is extremely important.

The purpose of a panel at an interim order hearing is to carry out a risk assessment, not decide on whether the allegations are proven. The panel needs to decide whether an order is necessary – it must be clear how the registrant continuing to practise would cause a risk. The focus of the submissions from the registrant should therefore be on why the risk is not at a level to justify an order.

If an order is imposed, this can be revoked at any point if new evidence points towards a reduction in the risk. This happened very recently for a social worker that I am representing.

If you have received a letter from your regulator advising that they are applying for an interim order, get advice straight away. The correct approach to an interim order hearing is essential, as well as engaging with the regulator and the process in the right way.

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All BASW members have access to free advice and representation from our team of officers qualified in social work. The A&R service, works in partnership with the Social Workers Union (SWU) to provide advice and representation on:

Workplace employment law matters - such as disciplinary, grievance, capability, and sickness absence procedures.
Fitness to practice processes with each of the 4 UK social work regulators (NISSC, SCW, SSSC, and SWE).

You can contact the team through our website here.

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