SSSC Fitness to Practise Calum Davidson Intake and Engagement Officer

Fitness to Practise What we need to know and when Now looking at the information we receive and what information we expect employers to tell us.

Fitness to Practise (FtP): The Fitness to Practise Department deals with referrals about applicants, registrants and social service employees who are not registered with the SSSC We receive referrals/information from numerous sources 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. Referrals including: members of the public, service users, employers, registered workers and applicants, the police, PVG, Care Inspectorate.

What employers must tell us: If a worker is not registered the employer must tell us if: a worker is dismissed on the grounds of misconduct or capability due to competence or health a worker resigns and, had they not done so, the employer would have either considered dismissing them or would have dismissed them for misconduct, competence or health reasons a worker abandons their job and, had they not done so, the employer would have either considered dismissing them or would have dismissed them for misconduct, competence or health reasons. We cannot investigate the information but will hold this as relevant information that we can consider if the worker applies for registration at a later date. You should notify us when your own disciplinary process concludes. We will not carry out any further investigation although we may request information from other relevant bodies such as the Police, Disclosure Scotland etc

What employers must tell us: If a worker is registered the employer must tell us if: Worker is subject to disciplinary investigation (most cases) Worker resigns during a disciplinary investigation where the employer would have dismissed on misconduct grounds Anything that would be referred to Disclosure Scotland Worker has been charged or convicted of a criminal offence In any other circumstances where there are concerns that the behaviour or actions of a worker raise a serious concern about their fitness to practise. Important we are informed when a worker is suspended and not when the investigation is concluded.

When to refer? When an employer has concerns that a worker’s fitness to practise may be impaired they should notify us. If a worker is no longer employed a referral should still be made. You Should Refer Immediately if: Worker is charged with a criminal offence Worker is suspended Worker is dismissed Worker resigns and dismissal was likely outcome Behaviour is serious Otherwise: end of disciplinary/ performance/ capability process Serious behaviours include those specifically listed in List A – next slide

Misconduct List A Behaviours Behaviours that are likely to call into question a worker’s fitness to practise: Dishonesty, fraud, abuse of trust Exploitation of a vulnerable person Failure to respect the rights and choices of people who use services Hiding mistakes/blocking investigation Improper relationship with a person who uses services Reckless or deliberately harmful acts Serious or persistent failure to meet standards Sexual misconduct or indecency Substance abuse or misuse Violence or displayed threatening behaviour Other serious activities which affect public confidence

Matters you should not refer to us List B: Situations that fall outwith our thresholds Lateness, poor timekeeping or abandoning post unless it has a direct impact on people who use services Personality conflicts - provided there is no evidence of bullying or harassment Sickness or other absence - provided there is no impairment of fitness to practise and the registrant is managing their health Misuse of social media where it does not relate to the worker’s practice or display discriminatory views or raise any other serious concern Smoking tobacco contrary to an employer’s policy Misuse of work property for personal use Minor student plagiarism Removal from a course for academic reasons Fixed penalty notices unless people who use service are involved Medication failing which are minor and/or administrative Important to note that key part of some of the behaviours is that there is no impact to service users. (Lateness or using work property for example)

Professional Practice (Competence) When to refer? You have suspended or dismissed a worker The concerns cannot adequately be dealt with under your own procedures or the situation deteriorates and there are fitness to practise or safety issues A worker resigns and you would be concerned if they started employment elsewhere You have not or cannot take any of these steps but in your view the worker’s fitness to practise is impaired due to a deficiency in their professional practice In some cases it will not be clear if the matter is about conduct or competence or both. You should refer all matters to us and we will investigate and decide how to deal with them

Health We will only consider health concerns if the worker’s mental health or physical ill health has caused or substantially contributed to the alleged impairment of fitness to practise. A worker may be signed off as “unfit for work” due to ill health but this does not necessarily mean their fitness to practise is impaired. We would expect workers to: demonstrate good insight into the extent and effect of their condition take appropriate steps to access treatment and be following advice from their treating health professionals is managing his or her practice appropriately, for example by taking sick leave

Health Long term untreated (or unsuccessfully treated) or unacknowledged physical and mental health conditions will be of particular concern if they suggest a risk to public protection. We will carry out preliminary enquiries to determine whether a full investigation is required. Our decision to do so will always balance our duty to protect the public with the worker’s right to privacy.

Health Examples of certain health conditions that might mean fitness to practise is impaired are listed below (this is not a complete list): - Periods of unconsciousness or blackouts - Serious memory loss - Inability to control anger or other emotions - Reduced ability to make decisions - Inability to carry out certain physical tasks - Lack of self-awareness and impact of behaviour on others - Alcohol and/or substance addiction