Conduct

The protection of people who use social care services and the public is paramount to the GSCC as a regulator. We expect the highest standards of conduct and care from registered social care workers, in accordance with the codes of practice which they sign up to when they register. We may take action against social workers who fall below these standards.

The Conduct Group has a duty to look into information received about social workers who may have breached the codes of practice. If misconduct is found that is judged serious enough to question the registrant's suitability to remain on the register, we can remove or suspend them from the register or place an admonishment on their registration.

Taking action when a registered social care worker breaches the codes of practice will mean better services for those using social care, and a better reputation for the sector.

The conduct process

Any complaints about the conduct of a social worker should first be made to the employer as most complaints can be settled locally. However, if concern is to do with you or any other people who use services being put at risk of physical, emotional, sexual or financial harm, please contact the conduct team straight away so that we can decide if we need to be involved at an early stage.

When we receive a complaint an officer will undertake sufficient enquires to determine whether there is a specific allegation of misconduct against a registered social care worker and whether the person making the allegation wishes to act as the complainant.

The GSCC gathers information about the complaint (including, in the latter stages of the investigation, representations from the registrant concerned), and looks to see if there is evidence of misconduct that calls into question their suitability to be registered. If the GSCC investigation concludes that there is a real prospect of finding misconduct, the matter is referred to a conduct committee hearing.

The GSCC's independent conduct committee, made up of lay members who do not have a background in the delivery of social care services and experts from the social care field, meets to establish whether there is evidence of misconduct that affects the social worker's suitability to remain working. If so, it decides on the appropriate sanction (i.e. removal, suspension etc.). Social workers have the right of appeal to the independent Care Standards Tribunal (CST).

Preliminary proceedings committee (PPC)

This committee will decide whether to impose an Interim Suspension Order (ISO). If an ISO is imposed the registrant will not be able to practice as a social worker for the duration of that order. The GSCC will refer a social worker to this committee if it is felt:

• necessary for the protection of members of the public; and/or

• otherwise in the public interest; and/or

• in the interests of the registrant concerned

The PPC will review ISOs when they come up to expiry to see if they should be extended or revoked.

Conduct committee

The conduct committee hearing is usually held in public and uses the civil standard of proof. It will consider evidence and decide if the social worker has committed misconduct. If so, it will decide which sanction should be imposed upon the registrant. The conduct committee can decide to:

• Remove the social worker from the SCR. This prevents them from working as a social worker.

• Suspend the social worker from the SCR for a period not exceeding two years. This would prevent them from working as a social worker for the period of the suspension.

• Issue the social worker with an Admonishment (a caution / public record) for a period of up to of five years.

• The committee can also decide to issue no sanction

If the case reaches the conduct committee stage, the registrant can attend to put their case either in person or through a legal or trade union representative or a representative from their professional body. They have the right to appeal against the outcome of the conduct committee hearing to the CST.