About the Register Registration commenced in April 2003 There are 21 different parts of the Register There are currently 70,765 registrants across the different parts 29% of these registrants are registered subject to a qualification condition
Mandatory Registration Part of the RegisterMandatory registration No. Regstd % Qualified Social WorkersSept % StudentsMay N/A Care Inspector StaffMar % Residential Child Care WorkersSept % Managers of Adult Day Care Services Nov % Managers of Care Homes Services for Adults Nov % Supervisors in Care Homes Services for Adults Mar %
Mandatory Registration Part of the RegisterMandatory registration No. Regstd % Qualified Practitioners in a Care Homes Services for Adults Mar % Managers of Day Care of Children ServicesNov % Practitioners in a Day Care of Children Service Sep % Support workers in a Day Care of Children Services June % All Residential School Care Accommodation Workers Nov % Managers of Housing Support ServicesJan % Managers of Care at Home ServicesJan %
Future Dates for Mandatory Registration Part of the RegisterDate Register Opens Date of Mandatory Registration Support Workers in Adult Care Home Services April September 2015 Supervisors in Housing Support & Care at Home July June 2017 Workers in Housing Support & Care at Home 2017Expected 2020 All workers new into their role are required to be registered within six months of starting in the new post. This includes workers in posts in the above categories where registration is not yet mandatory.
Eligibility Workers must be working in a service regulated by the Care Inspectorate to be eligible for registration. Workers cannot apply for registration in advance of being recruited into a role. This requirement does not apply to social workers. Workers already registered with another regulatory body e.g. the Nursing and Midwifery Council are not eligible for registration with the SSSC. Volunteers are not eligible to be registered with the SSSC.
Register Parts How do I know which part of the Register I should be applying for? Workers should discuss this with their employers based on: Definitions of register parts on the SSSC website The role the worker undertaking not their job title Workers should apply for each part of the Register they are carrying out the role for
Support Workers in Care Home Services for Adults There is an estimated 27,000 workers in this category 13,949 applications have been received since 2009 Deadline for the receipt of applications is 30 September 2014 to guarantee registration by 30 September If the application is referred to Fitness to Practise, we cannot guarantee that the worker will be registered by 30 September 2015
Avoid delays in the application process Employer provide PVG Membership or Disclosure Scotland number and date carried out at the point the application is endorsed Verified copies of qualification certificates All providers should set up countersignatories
Who is responsible for Registration? Employers are responsible for ensuring they are employing registered workers – it can take up to 60 days to process an application for registration. It can take longer if the application is referred to Fitness to Practise. As part of an inspection of a care service, the Care Inspectorate are checking the registration status of staff Workers are responsible for maintaining their registration, including achieving qualifications
Lapsing Registration The SSSC can remove someone from the Register without referral to a Registration Sub- Committee for the following reasons: Non-Payment of Annual Fee Failure to Renew Failure to Meet a Condition Since March 2012: ReasonTotal Lapsed - Failure to meet qualification condition29 Lapsed - Failure to Renew Registration1338 Lapsed - Non Payment of Annual Fee6074 Total7441
Change of Details It is important that applicants and registrants keep us up to date as this may affect their eligibility for registration On average we are dealing with 1,000 change of details per week It is the registrant’s responsibility to keep us up to date but we can accept updates from employers We are changing how we communicate with registrants…….
MySSSC Applicants Apply online Registrants Pay Fees Renew Registration Change of Details PRTL Apply for Registration Employers View employee details Report changes to employee details Endorse applications Maintain countersignatories Universities Student results Notification of commencement View student details Report changes to student details Endorse applications
Contact the SSSC The Scottish Social Services Council Compass House 11 Riverside Drive Dundee DD1 4NY Telephone:
Laura Wylie Team Leader- Training and Sector Liaison Fitness to Practise
The Role of the Fitness to Practise Department: To determine if someone applying for registration is of good character, conduct and competence. To investigate allegations of misconduct against registered workers in order to determine their continued suitability for registration with the SSSC.
Fitness to Practise (FtP): FtP deals with referrals about applicants, registrants and social service employees who are not registered with the SSSC but where the worker has or would have been dismissed on the grounds of misconduct by the employer. We receive referrals/information from numerous sources including: members of the public; service users; employers; registered workers and applicants; the police; PVG; Care Inspectorate. Types of cases include criminal charges/convictions, employer disciplinary action, member of the public complaints, failure to meet the conditions of registration with the SSSC.
An Employer’s Responsibilities: In addition to their responsibilities under the Code of Practice, employers have responsibilities under the Regulation of Care (Scotland) Act 2001 in relation to any social service worker, whether the worker is registered with the SSSC or not (non- registered workers). As part of the drive to raise standards of practice and increase the protection of the public, employers of social service workers have a duty to let the SSSC know if they dismiss a social service worker on the grounds of misconduct, or if a social service worker has resigned or left their job and the circumstances are such that the worker would otherwise have been dismissed for misconduct, or dismissal for misconduct would have been considered. This responsibility is set out under the legislation for the regulation of social service workers in Scotland.
Applicants: Applicants should apply as soon as possible when taking up a post which is eligible for registration with the SSSC. If a case is referred to the Fitness to Practise Department, we cannot guarantee the individual’s application will be processed within 60 days. Reasons why applicant cases are referred to the Fitness to Practise Department include: outstanding criminal proceedings, the nature of the conviction(s) declared, failure to declare convictions, live disciplinary action, information held on file by the SSSC from a previous period of registration/previous application/non-registered worker referral information.
Applicants (cont): Possible outcomes: Register Register with conditions ( with the applicant’s consent) Refer matter to a Registration Sub-committee for consideration. The Sub-committee can register, register subject to conditions or refuse registration. If refused registration an applicant cannot reapply for registration for at least a period of 2 years. They can reapply after 2 years, if there has been a material change in the individual’s circumstances otherwise they cannot reapply for a period of 3 years.
Applicants- what employers need to know: For existing employees who are in a post which has a required registration date set, employees must be registered with the SSSC by the deadline date or the employer is potentially committing an offence. If new workers are not registered within six months of taking up a post in a role where that part of the Register is open, the employer is potentially committing an offence. The SSSC will notify the Care Inspectorate if we are aware of any organisations who are not complying with the regulations Have your employees apply for registration as soon as possible.
Registered Workers: The vast majority of social service workers act in accordance with the Code of Practice and consistently meet the high standards expected by the public. However, the SSSC can take action against registered workers who do not meet the standards expected of them. Possible outcomes: No Further Action Officer Warning ( up to 5 years) Officer Conditions Officer Warning + Conditions Refer matter to a Conduct Sub-committee that can impose all of the above outcomes but can also suspend a registrant for a period of up to 2 years ( with or without conditions)or impose a removal order.
What should an employer notify the SSSC about and when? For serious matters, e.g. dishonesty, violence, or any case involving detriment or harm to vulnerable people please tell us as soon as an investigation starts. For other matters, which do not indicate that there is a risk to members of the public, service users or the registrant concerned, please tell us when the final outcome of the disciplinary process is known. When a decision has been made to suspend a registered worker please tell us immediately, as we may have to take immediate action to temporarily suspend the worker from the SSSC Register. When a registered worker has been charged with committing a criminal offence please tell us immediately. We may have to take immediate action whether or not you have suspended the worker.
What you should not notify the SSSC about You should not report the following matters to us: sickness absence, where there is no underlying competence/performance issue and no dishonesty or lack of insight, unless there is a pattern of absence or minor illness of a regularity which demonstrates a disregard for professional conduct and standards smoking tobacco contrary to an employer's policy, except in premises, including outside premises, gardens and service users' accommodation etc, where a service user is present We would not consider these matters because they do not impact on an individual's suitability to be on the Register.
Interim measures: While our investigations are on-going into the allegations against a registered worker, the SSSC can refer the case to a Preliminary Proceedings Sub-Committee (PPSC) if it is deemed necessary for: I.Protection of members of the public II.It is otherwise in the public interest III.It is in the interests of the registrant Possible outcomes: No order Interim suspension order Interim conditions order
What we need from employers? When endorsing an application for registration ensure any on- going concerns are noted and ensure all conviction information on PVG/Disclosure Form is declared and accurately detailed. Inform the SSSC at the earliest opportunity. Provide the SSSC with clear, specific information in relation to the allegations. Keep the SSSC up to date with the progress of your investigation. Provide copies of all disciplinary paperwork including any appendices to disciplinary reports, witness statements etc. It is helpful if witness statements\minutes of meetings are signed when taken by the employer.
Agency workers: The SSSC’s view is that if a worker has been supplied by an agency for work in a registered service: the provider has a responsibility for notifying the SSSC of any concerns about the worker in terms of the Regulation of Care (Scotland) Act 2001 and the SSSC’s Code of Practice for Employers of Social Service Workers, and Where an agency employs a social service worker, the agency is also responsible for notifying the SSSC in terms of the Regulation of Care (Scotland) Act 2001 and the SSSC’s Code of Practice for Employers of Social Service Workers.
PVG and Fitness to Practise. The role of PVG is to look at the wider suitability of individuals to work with children and/or vulnerable adults. The SSSC has a more specific remit in determining suitability for roles within social services. Share information i.SSSC receives scheme updates\will be informed if someone is under consideration for listing ii.SSSC are eligible to refer matters to PVG ( employers have statutory duty to refer if the referral criteria is met) iii.If a registered worker is listed by PVG they can be automatically removed from our Register. In non-conviction cases PVG will await the outcome of any on- going SSSC proceedings /take into account the outcome of any concluded proceedings when deciding if an individual is suitable for scheme membership.
“protecting the public” Details of employer responsibilities, link to the employer referral form and guidance What we do with the information you provide to us Details of officer imposed sanctions and Sub- committee decisions Details of up-coming hearings and information regarding the sub-committee process Details of registrants currently subject to interim measures Indicative sanctions guidance.
Val Murray Director of Fitness to Practise Fitness to Practise: Performance and Planned Activity
performance 155% increase in hearings 16% increase in cases opened 1400 referrals Target completion indicators 70% of cases concluded within 6 months 96% concluded within 15 months
Strategic Plan 2014/17 Expecting additional 30,000 on Register by September 2015 Increase of about 50% in Registrants 2014 – 2015: 2400 referrals to Fitness to Practise expected
Themes from SSSC casework Failure to treat service users with dignity and respect Medication administration failures Attending work under the influence of alcohol Dishonesty Behaviour towards colleagues Inappropriate use of social media
Significance for employers/managers? Recruit only those with the right values (Code of Practice for Social Service Workers). Follow safe recruitment practices. Provide good induction for new staff and on- going training e.g. administration of medicines; importance of care plans Emphasise Codes for Workers and Employers
Using casework information strategically Using casework information, we are: Working with SSSC Sector Development colleagues on applying the learning Developing practice guidance for managers Adopting a fitness to practise regime Reviewing SSSC approach to regulation
Developing practice guidance for managers Tool to Describe what is expected of managers Guide managers in their practice Using examples from SSSC case work Proposed working group to develop guidance Key stakeholders to be involved
Adopting fitness to practise regime Currently operate ‘misconduct’ regime Under proposals we would consider: Misconduct Competence/deficient professional performance Health - impact on suitability to practise
Advantages Fitness to practise regime would allow us to consider: Risk where concern is not currently covered in the Code of Practice Current/future suitability to practise
Progress We will now produce: Revised guidance on referrals for employers Revised Codes of Practice and Rules Key stakeholders to be involved
Reviewing the SSSC approach to regulation SSSC has agreed to consider whether we have right approach to regulation generally: Is it proportionate? Are costs/benefits properly balanced? Does it fit new landscape for social work/social care sector in Scotland? Key stakeholders to be involved