GSCC: Professionalism Protection Pride

1
GSCC Professionalism Protection Pride

• Making a reality of conduct
• Heather Wing, Director of Regulation
• Robin Weekes, Head of Conduct
• Chair Helen Baker

2
Objectives of workshop

• Provide delegates with better understanding of
  misconduct and update on current activity.
• Describe the conduct process in more detail.
• Obtain delegates views on an important area of
  policy development.

3
What is conduct?

• A mechanism that allows the GSCC to regulate the
  ongoing suitability of registrants to work safely
  in social care.
• Suitability is benchmarked against the standards
  described in the codes of practice.

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The Codes of Practice for Social Care Workers

• describe standards of good conduct and practice
• are a list of statements that reflect existing
  good practice in social care
• it is the responsibility on the individual to
  meet the standards and
• have been agreed as national standards.

5
What practice and standards are covered?

• Protect the rights and interests of service users
  and carers.
• Establish and maintain the trust and confidence
  of service users.
• Promote service user independence and protection
  from harm.
• Respect the rights of service users while
  ensuring their behaviour does not harm themselves
  or others.
• Uphold trust and confidence in the profession.

6
What is misconduct?

• A failure, by way of behaviour, to meet one or
  more of the conduct and standards described in
  the codes of practice.
• There are 47 specific parts of the codes.
• They are all intended to protect service users
  and promote high standards.

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Have any social workers committed misconduct?
(figures as of 19 January 2007)

• Five social workers have been found to have
  committed misconduct at public hearings.
• Seven further conduct hearings are scheduled.
• 25 cases will be transferred to the Conduct
  Committee.
• 70 cases are at preliminary stages.
• 16 Interim Suspension Orders in force.
• One full care standards tribunal appeal against a
  conduct decision.

8
Proportionality and fairness

• serious cases heard at public hearings
• over 300 conduct referrals with no further action
  taken and
• mitigation and context are key factors in
  decisions.

9
Outcomes

• Being found to have committed misconduct has very
  serious implications for the registrant.
• Sanctions include
• admonishment on the public record
• suspension for a set period or
• removal.
• All of the above sanctions have been used.

10
How misconduct is determined the conduct process

• A complaint driven process.
• A fair process.
• A right to appeal.
• Public perception.
• Service user protection.

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The Conduct process

• Robin Weekes, Head of Conduct

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How does the conduct process work?

• Stage 1 Complaint allegations are made.
• if proved would the allegations affect the
  registrants suitability to remain on the Social
  Care Register (SCR)?
• Stage 2 Investigations conducted.
• Evidence is gathered and the Preliminary
  Proceedings Committee determines whether it is
  likely misconduct could be found and would affect
  registration.
• Stage 3 Panel adjudication.
• Conduct Committee decides whether misconduct has
  been committed and appropriate sanctions.
• Registrant has right of appeal.

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How does the conduct procedure work?

• Concerns may be resolved without going to a full
  conduct committee because
• person is not registered
• it is not a complaint
• the matter is not serious and
• there is insufficient evidence of misconduct or
  fresh evidence to suggest the matter is not
  misconduct.

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Stage 1 Complaint allegations made to GSCC staff

• Complaints about RSW can be received
• from service users
• from the police or the courts
• from their employer in relation to a disciplinary
  hearing
• if a member of the public or individual makes a
  complaint about them or
• if relevant information comes to our attention,
  including from newspaper reports or telephone
  calls.
• Complaints must
• relate to an identifiable registered worker and
• make a specific allegation of misconduct against
  that worker.
• If they do they are referred to an initial
  Preliminary Proceedings Committee (PPC).

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The initial PPC

• sits in private
• is independent
• does not hear representations from the social
  worker
• is not attended by GSCC staff and
• hears the complainants account.

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The initial PPC

• The initial committee can decide
• if the allegations were proved, whether they
  would affect suitability to remain on the SCR and
  adjourn to hear the case again where evidence in
  relation to the allegations will be tested or
• to take no further action because the allegations
  if proved would not amount to misconduct or would
  not affect suitability to remain on the register.

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Stage 2 Investigation conducted

• evidence gathered by GSCC staff and
• this is assembled and analysed and put to the
  second PPC and to the social worker who has a
  right of response.
• They decide on two areas
• Is there a real prospect of finding misconduct?
• Is there an immediate risk to the public?
• If yes to these, the matter proceeds to the next
  stage, if no it is dropped.
• If there is an immediate risk, an interim
  suspension order can be issued.

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The second PPC

• is independent
• sits in private
• hears written representations from the social
  worker and the GSCC
• is not attended by GSCC staff or the social
  worker unless the Committee is considering
  imposing an Interim Suspension Order and
• hears the complainants account.

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The second PPC

• The second Preliminary Committee can decide
• that the available evidence has a real prospect
  of being proved as misconduct at a public
  hearing
• adjourn for further information
• close the case and take no further action and
• impose an Interim Suspension Order.

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The Conduct Committee

• Is independent.
• Conduct cases are held in public to ensure
  transparency and accountability, unless this is
  not in the public interest, in health cases or to
  protect vulnerable witnesses.
• The GSCC will publicise dates for hearings around
  one week in advance and members of the public can
  attend although places are limited.
• Decisions are taken by committee members who have
  access to specialist legal and other advice.
• Committees have a lay majority and take decisions
  in the public interest.

21
Stage 3 Panel adjudication

• the conduct committee meets (usually in public)
  and decides whether there is evidence of
  misconduct that affects the registrants
  suitability to continue being registered
• if so, it decides on sanctions which include
• removal from the Social Care Register
• suspension from the register
• admonishment or
• no action
• decisions are published and
• registrants have the right of appeal to the Care
  Standards Tribunal.

22
The Conduct Committee

• Evidence is tested and challenged.
• Balance of probabilities.
• Findings of fact.
• Misconduct determined on the facts proved.
• Sanctions imposed after mitigation.

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to be inserted
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The role of the employer

• The codes of practice require employers to inform
  the GSCC about any misconduct by registered staff
  that could affect their registration and
  co-operate with investigations.
• Employers can use the special employers complaint
  form to notify the GSCC of issues about their
  staff or ex-staff.
• Employers should take appropriate disciplinary
  action without waiting for GSCC decisions.
• GSCC action on conduct is in addition to the
  disciplinary action employers take.
• It looks at whether their misconduct calls into
  question their suitability to be registered, not
  their suitability to be employed.

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When are social workers informed of employers
initial referral?

• social workers are usually informed by the
  employer that they have been referred to the
  GSCC
• exceptions may be made where there are police or
  other enquiries being made and
• the GSCC will normally inform the social worker
  if the employer has not already done so when they
  receive a completed referral form, or when the
  GSCC contacts a third party.

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Policy Development

• Is the current arrangement about when a social
  worker is informed that an allegation of
  misconduct has been made against them by a
  service user the right one?
• What information should they be provided with?
• The rules specify that a social worker be
  informed one month before a second PPC this is
  a further stage.

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A few considerations

• the type of allegation (e.g. abuse)
• consent
• communication needs
• vulnerability
• the service user perspective
• the social worker perspective and
• the employer perspective.

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Task A service user makes an allegation of
misconduct

• In small groups (around five people), use the
  considerations to discuss
• What issues should the GSCC take into account
  when deciding when to inform a social worker that
  allegations of misconduct have been made against
  them by a service user?
• Complete the following sentences
• The GSCC will inform a social worker that a
  service user allegation of misconduct has been
  made against them
• The GSCC will provide the social worker with the
  following information once they have been
  informed
• These will be collected at the end. There will an
  opportunity for feedback and questions at the end
  of this session.
• Take 20
  minutes

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• Feedback, comments or thoughts?
• Please wait for a microphone and tell us your
  name and role
• For further information on conduct work
• Visit www.gscc.org.uk
• Call 020 7397 5820
• Email conduct_at_gscc.org.uk