Hearings under the 2014 Rules

Under the Fitness to Practise Rules 2014, there are three different Committees. These look at allegations or complaints against registrants. The Registration Committee comes under the Registration Rules 2015b.

Investigating committee

The investigating committee considers complaints referred to it. They decide:

  • the information questions the suitability of a Registered person
  • to take no further action
  • to close the case with a written reminder of the Code of Professional Practice for Social Care
  • more information is needed
  • the case should be passed to the Fitness to Practise Committee;
  • an Interim Suspension Order (ISO) is necessary
  • an Interim Conditions of Practice Order (ICPO) is necessary.

Investigating Committee hearings are in private. If they’re considering an ISO or an ICPO, the registrant is invited to attend and be represented.

An Investigating Committee can impose:

  • Interim Suspension Orders (ISO)
  • Interim Conditions of Practice Orders (ICPO).
Interim Suspension Order (ISO)

This suspends someone from the Register during investigations.

ISOs are imposed:

  • for the protection or interests of the public
  • in the registrant’s interests.

A suspension:

  • is only six months to start with
  • can’t last more than two years
  • can be reviewed.

An ISO means a person isn’t able to work or use their professional title like social care manager

Interim Conditions of Practice Order (ICPO)

This places conditions on someone’s registration. They’re imposed:

  • for the protection or interests of the public
  • in the registrant’s interests.

An ICPO:

  • can’t be for more than two years
  • will have set reviews.

A person can carry on working with an ICPO. But, there are conditions imposed like specific training.

Names of people with an ISO or an ICPO are on our website, under Active Interim Orders. It’s our duty to make this information public.

Fitness to Practise committee

This committee considers cases referred by the Investigating Committee or by a ‘Fastrack’ route. They consider:

  • whether the facts of the case are proved
  • if they are, is the registrant’s fitness to practise impaired?
  • if so, should sanctions be imposed?

We have an interactive guide to the Fitness to Practise Committee hearings process.

Committee hearings are normally held in public. But, when the Committee is considering medical evidence, it’s held in private. They look at medical evidence to see if the impaired fitness to practise was due to ill health.

The registrant is invited to attend the hearing and be represented.

Sanctions available to the Fitness to Practise Committee

The Committee may close a case with no further action. When they do, they may give a written reminder about the Code of Professional Practice for Social Care.

If the Committee decides to take action, it can impose one of the following sanctions:

  • Admonishment – a record is put on the Register of Social Care Workers for up to five years and is taken into account in future proceedings. The person can carry on working
  • Suspension Order (without conditions) – suspends registration for up two years and they can’t work
  • Suspension Order (with conditions) – suspends registration for up two years. They can’t work and have conditions to meet.
  • Conditions of Practice Order – can carry on working but have conditions to meet.
  • Removal Order –removes the registrant’s name from the Social Care Register.
Fastrack

Fastrack refers a case straight to a Fitness to Practise Committee without an Investigating Committee looking at it.

This applies:

  • to conviction cases
  • to cases already looked at by another body like the Health and Care Professions Council.

Restoration committee

This committee looks at applications from people removed from the register by a Fitness to Practise committee. A person can only apply for restoration after five years.

When they apply they’re asked to:

  • provide evidence of why they should be restored to the register
  • how they’ve maintained their knowledge of social care.

They’re invited to attend the hearing and be represented.

The committee can:

  • grant the application
  • grant the application with conditions (for no more than three years)
  • refuse the application.

The restoration committee meets:

  • in private – if they were removed by a hearing held in private
  • in public – if they were removed by hearing held in public.

Registration committee

This committee looks at applications from people who want to be registered. Usually held in private but could be held in public if required.

They’re invited to attend the hearing and be represented.

The committee can:

  • grant the application
  • grant the application with conditions (for no more than three years)
  • refuse the application.

The committee's decision can be appealed.

Last updated: 01 June 2017