General Social Care Council

The conduct process

What sort of concerns will the GSCC investigate?

Matters that are so serious that they call into question whether a social worker is suitable to continue working in social care. They need to be specific allegations about an identifiable person on the Social Care Register (SCR).

People may refer a matter to us because a registered social worker or social work student:

• has taken advantage of their role or abused a person who uses services
• their work has fallen well below the standard that is expected with serious or repeated mistakes
• has behaved in a way (in or outside work) that their suitability to work in social care is called into question.

(These are just examples and not a full list)

Concerns will be investigated in line with the GSCC’s conduct process. A social worker that is found to be guilty of misconduct can be removed from the register, suspended for a period of up to two years, or have an admonishment (caution, public record) placed against their entry in the SCR for a period of up to five years.

What sorts of things would the GSCC not investigate?

We do not look into general employment issues such as sickness, timekeeping or matters relating to the level of service offered. Complaints about social care services as a whole (rather than the individual social worker or student) should be directed, for adult social care services, to the Care Quality Commission (CQC), and for social care services for children and young people to OFSTED.

The steps of the conduct process

Stage 1: Referral

On receipt of a referral an officer will undertake sufficient enquires to determine whether there is a specific allegation of misconduct against a registered social care worker.

Stage 2: Investigation

The GSCC gathers information about the complaint and looks to see if there is evidence of misconduct and assesses whether this poses a risk to the public protection. If the GSCC investigation concludes that there is evidence of misconduct, the matter is referred to a conduct committee hearing. If the GSCC does not reach this conclusion, it will close the complaint at this stage.

Stage 3: Committees

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 Health, Education and Social Care Chamber within the First-tier Tribunal 

Interim Suspension Orders

The GSCC will always consider whether there is a need to apply for an interim suspension order  (ISO) from the point at which we receive a referral until a case is closed. An ISO temporarily suspends a social care worker or student from the Social Care Register

The GSCC’s Committees

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:

(a) necessary for the protection of members of the public; and/or

(b) otherwise in the public interest; and/or

(c) 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 . Health, Education and Social Care Chamber within the First-tier Tribunal