1. Fitness To Practise Model Move Overview
Dominique Chauwin
Senior Intake and Engagement Officer

2. What is fitness to practise?
A worker is fit to practise if they meet the standards of character, conduct and competence to do their job safely and effectively. The fitness to practise process considers if a worker’s fitness to practise is impaired.
Typically, as an employer, you would be referring fitness to practise cases about the conduct, professional practice or health of a worker. Our process is not about resolving general complaints or punishing workers for past mistakes.
We expect social service workers and employers to meet the standards set out in the SSSC Codes of Practice for Social Service Workers and Employers (the Codes).

3. Applying to Register- What to declare?
Any dismissal , demotion or resignation prior to the end of an investigation
Any finding by another regulatory body
Convictions- use the guidance on Disclosure Scotland website to determine what needs to be declared
Any current charges and current criminal matters pending an outcome
If you have ever been the subject of an anti-social behaviour order, barring order, been listed by PVG or previously placed on the disqualified from working with children list or had your children or a vulnerable adult removed from your care ( see full list on application form)
Any health condition which may effect your ability to carry out your role safely and effectively and any support measures in place

4. Endorsement
You need to consider the conduct, professional practice or health of a worker and be satisfied that they are fit to practice
Individuals are only required to declare dismissal, demotions and resignations while still subject to investigation however you are asked to consider if there has been any other disciplinary action less than dismissal or demotion if the behaviour is of a level of seriousness that may call into question the individuals fitness to practise. * see list A for guidance). If it does you should provide the SSSC with information regarding this in the endorsement section.
Make sure you have fully read the form completed by the applicant to be sure you are fully aware of and agree with the information being declared, that the information is accurate and that in light of the information, you are happy to endorse or make a qualified endorsement.

5. Conduct Conduct is about how a worker has behaved
Misconduct means ‘behaviour (whether by act or omission) which does not meet the standards set out in the Codes and includes a breach of a condition agreed with or imposed by a regulatory body and behaviour which has led to a criminal sanction.’

6. Conduct- what to refer? What?
Worker has been suspended, dismissed or demoted.
Worker resigns during a disciplinary investigation where the employer would have considered dismissal.
Anything you would refer to Disclosure Scotland.
Worker has been charged or convicted of a criminal offence.
In any other circumstances where you are concerned that the behaviour or actions of a worker raises a serious concern about their fitness to practise .

7. What to refer- Registered workers?
List A: Behaviours that are likely to call into a question a worker’s fitness to practise and that should be referred to the SSSC (regardless of the outcome of any disciplinary/performance/criminal process):
Dishonesty , fraud, abuse of trust
Exploitation of a vulnerable person
Failure to respect service user’s rights and choices
Health which is not being managed and affects service user safety
Hiding mistakes/blocking investigation
Improper relationship with a servicer user
Reckless or deliberately harmful acts
Serious or persistent failure to meet standards
Sexual misconduct or indecency (including child pornography)
Substance abuse or misuse
Violence or displayed threatening behaviour
Other serious activities which affect public confidence

8. Conduct- when to refer? When? Immediately if the: behaviour is serious
worker is suspended
worker resigns and dismissal was likely outcome
worker is charged with a criminal offence.
Otherwise, let us know at the end of your disciplinary/performance/capability process

9. Professional Practice (Competence)
Fitness to practise may be impaired due to the deficiency of a worker’s professional practice (whether by act or omission) that does not meet the standards set out in the Codes.
Competence is about how a worker carries out their role, ie. their practice, but conduct issues are about their behaviour.
Before making a referral we would expect you to have completed your internal capability processes and procedures before making a referral to us.
For example, you may have:
tried to identify a possible cause for the practice concern
addressed any problems formally with the worker
agreed targets to address the issues
identified training and support needs
given the worker adequate training, support and supervision to help them reach a satisfactory standard
reviewed progress against agreed targets for improvement.

10. Professional Practice (Competence) When to refer?
You have suspended or dismissed a worker on grounds of capability due to competence.
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 have a concern that the worker’s fitness to practise would be impaired due to a deficiency in their professional practice 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

11. Health
Many people living with a health condition are able to practice safely and effectively with or without adjustments.  
We would expect workers to manage health conditions by:
being open and honest with their employer about their condition and any limitations they may have
complying with any recommended steps to manage the condition.
Employers remain responsible for meeting their duty of care to their worker and people who use services. You should not refer to the SSSC until you have concluded your normal employment procedures unless you believe the worker presents an immediate risk, including to themselves.

12. Health
We do not expect employers to make a medical assessment but you should tell us if you believe a worker’s fitness to practise may be affected by their health. We will then make a decision about whether or not to take action .
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 substance addiction.
A serious communicable disease.

13. What should you not to refer?
Lateness, poor time-keeping or abandoning post unless it has a direct impact on service users
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 his or her health
Misuse of social media where it does not relate to the worker’s practice or display discriminatory views
Smoking tobacco contrary to an employer’s policy
Misuse of work property for personal use
Minor student plagiarism
Removal from course for academic reasons
Fixed penalty notices unless service users involved
Minor, administrative, medication failings

14. Possible Outcomes Applications for registration: SSSC staff can:
grant registration
grant registration subject to condition(s)
refer an application for registration to a panel.
A panel can:
refuse registration.

15. Possible Outcomes Registered workers: A decision maker may:
take no further action
impose a warning of up to five years
impose condition(s)
impose a warning and condition(s)
impose a Suspension Order for up to two years
impose a Suspension Order and condition(s)
impose a Removal Order.
The decision maker must start by considering the least restrictive outcome first and working upwards until they reach the least restrictive decision that adequately addresses the behaviour. Reasons must be given why each outcome was not appropriate.

16. Temporary Orders Grounds for referral
Necessary for the protection of members of the public,
or otherwise in the public interest,
or it is in the interests of the worker
Possible outcomes
No order
Temporary Conditions Order
Temporary Suspension Order
Temporary Conditions and Suspension Order
SSSC staff can impose temporary orders with consent

17. Other changes: Changes in terminology:
No longer CSCs, RSC or PPSC they are all Fitness to Practise Panels
Interim Orders are now Temporary Orders
Communications:
New letters are less wordy and easier to read and understand
New decisions guidance replaces our Indicative Sanctions Guidance.
The guidance includes: information on how we make decisions in relation to applicants, registrants’ temporary orders and restoration application; and detailed information about the aggravating and mitigating factors we take into consideration and the decision making process.
New website layout is more accessible with new factsheets

18. Changes (cont) Changes in process: New thresholds
Temporary orders can now be extended over 2years in exceptional circumstances
Pre- hearing reviews have been replaced with Case Management Meetings which will be chaired by the appointed chair of the Fitness to Practise Panel hearing the case and will deal with all preliminary matters reducing the length of hearings
employer referrals- one form and guidance for both registered and non-registered workers
Employers will now be informed at all key stages-i.e. when we commence an investigation, will be informed when case is referred to any fitness to practise panel and will not just be notified of the decision afterwards.

19. Non- registered workers
If a worker is not registered you must tell us if:
you dismiss a worker
a worker resigns and, had they not done so, you would have considered dismissal
a worker abandons their job and, had they not done so, you would have considered dismissal
You should notify us at the end of your own proceedings

20. Implementation
Go Live! – 1st November 2016
Referral forms and Guidance, new Rules, Decision Guidance and thresholds policy available online from 30 September 2016