The Social Workers Regulations 2018

Made: 22nd July 2018

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes the following Regulations in exercise of the powers conferred by: section 29(2A) of the National Health Service Reform and Health Care Professions Act 2002 ; paragraphs 129(3) and 130 of Schedule A1 to the Mental Capacity Act 2005 ; sections 151(1) and 153(1) of the Equality Act 2010 ; and sections 38, 39(3) and (4)(a) and (c) to (m), 40, 43(3) to (6), 44(3) to (5), 45, 48, 50(1)(a) and (c) and (4) to (7), 52(2), 53(1)(d), 55(2) and (3), 57(1) to (3), 66(1) and (2), and 67(2) of the Children and Social Work Act 2017 .

In accordance with section 58(1) of the Children and Social Work Act 2017, the Secretary of State has carried out a public consultation.

In accordance with sections 152(1) and 153(4) of the Equality Act 2010, the Secretary of State has consulted the Commission for Equality and Human Rights. In accordance with section 151(8) of that Act, the Secretary of State considers that the extension of the application of section 149 of that Act relates to persons by whom a public function is exercisable.

In accordance with section 38(3) of the National Health Service Reform and Health Care Professions Act 2002 , section 65(4B) of the Mental Capacity Act 2005 , section 208(2), (4), (5)(f) and (8) of the Equality Act 2010, and section 68(2) of the Children and Social Work Act 2017, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — General

Citation and commencement

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• (1) These Regulations may be cited as the Social Workers Regulations 2018.

• (2) Subject to paragraph (3), these Regulations come into force on the date on which section 39(1) of the Act comes into force.

• (3) Regulation 40 (amendment to the Equality Act 2010) comes into force on the day after the day on which these Regulations are made.

Interpretation

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• (1) In these Regulations—

• “the Act” means the Children and Social Work Act 2017;

• “the Authority” means the Professional Standards Authority for Health and Social Care established by section 25(1) of the National Health Service Reform and Health Care Professions Act 2002 ;

• “adjudicator” means an individual appointed under regulation 15(12), 16(4), 19(3) or 25(7)(c);

• “adviser” has the meaning given in regulation 4(2);

• “AMHPs course” has the meaning given in regulation 20(1)(d);

• “appointee” has the meaning given in regulation 37(3)(c);

• “approved course of initial education or training” has the meaning given in regulation 20(2);

• “approved qualification” has the meaning given in regulation 20(2);

• “case examiner” means an individual appointed under regulation 25(7)(b);

• “conditions of practice order” has the meaning given in paragraph 13(1)(c) of Schedule 2;

• “custodial sentence” has the meaning given in section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 222 of the Sentencing Code;

• “education and training approval scheme” has the meaning given in regulation 20(1);

• “fitness to practise proceedings” has the meaning given in regulation 25(1)(a);

• “function”, in relation to the regulator, has the meaning given in regulation 8(3);

• “inspector” has the meaning given in regulation 21(2);

• “interim conditions of practice order” has the meaning given in paragraph 8(5)(b) of Schedule 2;

• “interim suspension order” has the meaning given in paragraph 8(5)(a) of Schedule 2;

• “investigator” means an individual appointed under regulation 25(7)(a);

• “listed offence” has the meaning given in regulation 26(8);

• “necessary knowledge of English” means a knowledge of the English language which is necessary for safe and effective practice as a social worker;

• “professional standards” means professional standards determined and published by the regulator under section 41(1) of the Act ;

• “register” means the register described in section 39(1) of the Act;

• “registrar” means any person appointed under regulation 8(1);

• “regulatory body” means a body, other than the regulator, which authorises a person to practise a health or social care profession which is regulated under any enactment, whether in the United Kingdom or elsewhere;

• ...

• “relevant institutions” has the meaning given in regulation 20(5);

• “remedial direction” has the meaning given in regulation 36(2)(b);

• “removal order” has the meaning given in paragraph 13(1)(a) of Schedule 2;

• “rules” means rules made in accordance with regulation 3;

• “suspension order” has the meaning given in paragraph 13(1)(b) of Schedule 2; and

• “warning order” has the meaning given in paragraph 13(1)(d) of Schedule 2.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purposes of these Regulations, whether a person has a recognised qualification is determined in accordance with Schedule 1.

• (5) Subject to paragraph (6), “registered social worker” means a person whose name is entered in the register in accordance with Part 2, where their registration has not been removed, and “registered” is to be construed accordingly.

• (6) A person who is—

• (a) registered as a social worker in the register maintained by the Health and Care Professions Council under article 5(1) of the Health and Social Work Professions Order 2001 immediately before the coming into force of these Regulations, and

• (b) whose registration has not lapsed or been removed in accordance with the provisions of that Order,

is deemed to be a registered social worker for the purposes of these Regulations.

PART 2 — The regulator

Procedure for making rules

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• (1) Any rules which the regulator is required, or empowered, to make and revise under these Regulations must be made and revised in accordance with this regulation.

• (2) Before making rules the regulator must—

• (a) carry out a public consultation, unless the regulator considers that the content of the proposed rules is such that it would be inappropriate or disproportionate to do so,

• (b) consult representatives of any group of persons who the regulator considers are likely to be affected by the proposed rules, including representatives of—

• (i) registered social workers,

• (ii) employers of registered social workers,

• (iii) users of the services of registered social workers, and

• (iv) persons providing, assessing or funding education and training for registered social workers and prospective registered social workers, and

• (c) comply with paragraphs (3) and (4).

• (3) Proposed rules must be submitted to the Secretary of State, and come into force—

• (a) on such date, not less than 28 days after the proposed rules are submitted to the Secretary of State, as the regulator determines provided that the Secretary of State has not within that period of 28 days objected to them coming into force, or

• (b) on such earlier date as the Secretary of State and the regulator may agree.

• (4) The Secretary of State must consider any proposed rules submitted pursuant to paragraph (3) and, if the Secretary of State objects to the rules coming into force—

• (a) the Secretary of State must notify the regulator accordingly giving reasons,

• (b) the regulator must modify the rules in light of the objection, but is not required to comply with paragraph (2) in respect of those modified rules if it considers that the modifications are minor, or not substantive, and

• (c) the modified rules come into force on such date as the regulator determines.

• (5) The regulator must comply with paragraphs (2) to (4) before revising rules, unless it considers that the revision is minor, or not substantive.

• (6) Rules made under this regulation must be—

• (a) in writing, and published together with an indication of the date on which they come into force,

• (b) kept under review by the regulator,

and any revised rules must be published as soon as reasonably practicable.

Appointment and functions of advisers to the regulator

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• (1) The regulator may appoint one or more individuals to—

• (a) carry out the functions of adjudicators, case examiners, inspectors and investigators, and

• (b) advise it on matters relating to its functions , and in particular to provide the regulator with information, specialist or expert advice, or recommendations.

• (2) An individual appointed under paragraph (1) is referred to in these Regulations as an adviser.

• (3) The regulator may establish such panels of advisers as it considers appropriate, and must make rules which make provision about—

• (a) the establishment, and size, of panels of advisers,

• (b) the selection and appointment of the chair of any panel of advisers.

• (4) The regulator may make members of the regulator's staff , facilities and other assistance available to advisers, in accordance with rules made under regulation 5(f).

• (5) The regulator may decide the terms on which advisers may be appointed, provided that the regulator must obtain the approval of the Secretary of State for any terms relating to remuneration or pension arrangements.

• (6) Any person appointed as an adviser—

• (a) may not be a member of the regulator's staff,

• (b) must declare any conflict of interest to the regulator,

• (c) holds office in accordance with rules made under regulation 5.

Rules relating to advisers

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The regulator must make rules in relation to advisers which make provision about—

• (a) the process for the appointment, suspension, and removal of advisers,

• (b) the appraisal of the performance of advisers,

• (c) continuing professional development for advisers,

• (d) an appeals process against the suspension and removal of advisers,

• (e) the resignation of advisers,

• (f) the provision of the regulator's staff, facilities and other assistance to advisers,

• (g) any other matter the regulator considers appropriate.

Information and advice

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• (1) The regulator must publish information, and give advice, in relation to the regulator and the exercise of the regulator's functions, in accordance with this regulation.

• (2) The regulator must publish a document setting out how it will pursue its over-arching objective, and the objectives mentioned in section 37(2) of the Act (the “strategic plan”).

• (3) The strategic plan must, in particular—

• (a) set out the steps the regulator will take to implement the strategic plan,

• (b) take account of the Authority's investigation and reporting arrangements, and any recommendations in relation to the performance of the regulator's functions ,

and must be published, and reviewed, at such intervals as the regulator considers appropriate.

• (4) Any information or advice falling within paragraph (1), other than the strategic plan, must be—

• (a) appropriate to registered social workers, persons providing, assessing or funding education and training for registered social workers and prospective registered social workers, employers of registered social workers, and the public,

• (b) made available in such form, or forms, as the regulator considers appropriate,

• (c) reviewed, and revised as necessary, at such intervals as the regulator considers appropriate, and any revision published as soon as reasonably practicable.

Duty to co-operate

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• (1) The persons specified for the purposes of section 53(1)(d) of the Act are—

• (a) public bodies or other persons concerned with —

• (i) the employment (whether or not under a contract of service) of social workers in England or elsewhere,

• (ii) the education or training of social workers in England or elsewhere or health care professionals,

• (iii) the regulation of, or the co-ordination of the regulation of, health care professionals,

• (iv) the regulation of providers of health services,

• (v) the provision, supervision or management of health or education services,

• (vi) the inspection of education, social services or health care in England,

• (vii) the regulation of social work in England or elsewhere, and

• (viii) the provision, supervision or management of the services of persons engaged in social work in England,

• (b) NHS England, the body corporate established under section 1H of the National Health Service Act 2006,

• (c) any integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006 ,

• (d) any NHS trust established under section 25 of the National Health Service Act 2006,

• (e) any NHS foundation trust within the meaning given in section 30 of the National Health Service Act 2006 ,

• (f) the Care Quality Commission established under section 1(1) of the Health and Social Care Act 2008 ,

• (g) the Office for Standards in Education, Children's Services and Skills established under section 112(1) of the Education and Inspections Act 2006 ,

• (h) any local policing body and any chief officer of police, for a police area in England, within the meanings given in section 101(1) of the Police Act 1996 ,

• (i) the Disclosure and Barring Service, within the meaning given in section 87(1) of the Protection of Freedoms Act 2012 .

• (2) For the purposes of paragraph (1), “health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 other than the regulator .

PART 3 — Registration of social workers

Appointment of the registrar and keeping of the register

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• (1) The regulator may appoint a member of the regulator's staff as registrar.

• (2) The registrar has the following functions—

• (a) the functions of the regulator set out in this Part other than—

• (i) under regulation 19 (registration appeals),

• (ii) any power or duty to make rules, and

• (b) any other functions that the regulator delegates to the registrar .

• (3) In these Regulations “function”, in relation to the regulator, means a function of the regulator set out in Part 2 of the Act or in these Regulations.

• (4) The regulator must ensure that the register enables—

• (a) information to be recorded in accordance with this Part, and

• (b) the regulator, the registrar, any advisers, and any other adjudicator, case examiner or investigator appointed under these Regulations, to access information held on it as necessary to enable them to carry out their functions under these Regulations.

• (5) The regulator must amend information recorded in the register, where the regulator is satisfied that the information is incorrect, or that there has been a material change of circumstances since it was recorded.

• (6) Any copy of, or extract from, the register relating to information recorded in accordance with this Part is evidence of the matters mentioned in it.

• (7) A certificate purporting to be signed by the regulator certifying that a person—

• (a) is, or is not, registered,

• (b) was, or was not, registered at a specific date or during a specified period, or

• (c) has never been registered,

is evidence of the matters certified.

• (8) On application by a social worker who wishes to practise in Iceland, Lichtenstein, Norway or Switzerland, the regulator must provide them with such documentary evidence as is required by the relevant provisions of Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications, as those provisions are amended from time to time.

• (9) The regulator must publish the information recorded in the register in such manner and at such times as it considers appropriate, and make that information available for public inspection at all reasonable times, but it is not required to publish information which is—

• (a) evidence of spent convictions,

• (b) a warning given under paragraph 6(2)(a) or 12(1)(a) of Schedule 2 (warnings regarding future conduct or performance given in fitness to practise proceedings), where a period of at least five years has elapsed since the warning was given,

• (c) any information annotated on the register under regulation 12(1) which, in the opinion of the regulator, it is not in the public interest to publish,

where “spent conviction” means a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 .

Content of the register

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• (1) The following information must be recorded in the register in relation to a registered social worker—

• (a) their name,

• (b) the reference number assigned to their entry,