Paragraph 10 Commencement of hearing procedure

(1)

This sub-paragraph applies where a case has not been disposed of under paragraph 9(3) and the case examiners determine that—

(a)

there is a realistic prospect that adjudicators would determine that the social worker's fitness to practise is impaired, and

(b)

it would be in the public interest for the case to proceed to a fitness to practise hearing.

(2)

Where sub-paragraph (1) applies—

(a)

the case examiners must inform the regulator, and

(b)

the regulator must appoint two or more adjudicators (who may be the adjudicators appointed under paragraph 8(1)(b), if any) to conduct a fitness to practise hearing in accordance with this Part.

(3)

Any step in the fitness to practise hearing must be taken within such period as is specified in rules made under regulation 25(5)(b), or such longer period as the adjudicators may determine.

(4)

The F1regulator must—

(a)

notify the social worker, and where relevant the complainant, that F2the adjudicators will conduct a fitness to practise hearing to determine whether the social worker's fitness to practise is impaired,

(b)

invite the social worker to make written submissions, and

(c)

inform the social worker that they may—

(i)

attend the hearing, and be represented,

(ii)

make oral submissions,

(iii)

call witnesses.

(5)

At any time before the adjudicators make a determination under paragraph 12(1) or (3) they may require the investigators to obtain, and supply to them, further information or submissions relevant to the fitness to practise hearing, provided that paragraph 5(2) and (3) applies to the provision of information under this sub-paragraph.

Annotations

Textual amendments

F1: Word in Sch. 2 para. 10(4) substituted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 6(a)
F2: Words in Sch. 2 para. 10(4)(a) substituted (16.12.2022) by The Social Workers (Amendment and Transitional Provision) Regulations 2022 (S.I. 2022/1216), reg. 1(2), Sch. para. 6(b)

Notes on Schedule 2

Modifications

C1: Sch. 2 applied (with modifications) (2.12.2019) by The Children and Social Work Act 2017 (Transitional and Savings Provisions) (Social Workers) Regulations 2019 (S.I. 2019/1140), regs. 1, 16; S.I. 2019/1436, reg. 2(b)