1. Fitness to Practise Investigation process and what might happen

2. Information we will need
Notes of relevant meetings, investigation report and outcome of disciplinary hearings
Statements taken throughout your investigation
Incident and accident reports
Any related policies and procedures
Job description
Training record
Standards of practice where capability and competency has been considered
Any relevant medical report
Any previous concerns
When we start our investigation we will ask for all disciplinary paperwork and all of these documents.
We will use all of the information provided but have a duty to carry out our own thorough investigation.
Point of appeal for any order is Sheriff Court so we have a higher standard of proof and must consider the sufficiency and weight of evidence.
(Issues that may be clear to employer every day have to be specifically alleged and proved by us.)

3. Intake and Engagement Team
Similar to a Social Work Intake/Duty Team – Social work/Services expertise
Screens Referrals
Risk Assessments
Hold Cases and Investigate
Make Decisions and Recommendations in relation to outcomes
Training role
External events
Members of the Public complaints
Advise
All the referrals that are made are screened by the intake and engagement team and as stated previously investigations can sometimes take several months so there may be occasions that it is felt the allegations are serious enough that temporary measures need to be considered.
At this point an initial risk assessment is completed within 5 days so we will request information urgently and make a recommendation which is then passed for legal advice to consider if a temporary order is necessary.
PTO

4. Temporary measures:
While our investigations are on-going into the allegations against a registered worker, the SSSC can refer the case to a Panel if a Temporary Order is deemed necessary for:
Protection of members of the public
It is otherwise in the public interest
It is in the interests of the worker
Possible outcomes:
No order
Temporary Suspension Order
Temporary Conditions Order
A combination of Suspension and Conditions

5. Fitness to Practise Investigation How we make decisions
Decisions Guidance
For Fitness to Practice Panels and Scottish Social Service Council Staff
Ensures consistent decision making
Corporate view on
Aggravating and mitigating factors
Cases where more serious action is required
Possible outcomes

6. Mitigating and aggravating factors
Insight, regret and apology
Previous history
Circumstances leading to the behaviour
Length of time since the behaviour and subsequent practice
Conduct inside or outside of work
Duress
References or testimonials
Cooperation with the SSSC
Isolated incident or pattern of behaviour
Consequences of the behaviour
Abuse of trust
Concealing wrong doing
It is important to consider these when providing information to the SSSC.

7. Possible Investigation Outcomes
Applications for registration:
The decision maker may:
grant registration
grant registration subject to condition(s)
refer an application for registration to a panel
refuse registration where an individual is listed by PVG
A panel can:
refuse registration

8. Possible Outcomes Registered workers: The 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

9. Possible Outcomes
In cases that are restricted to a worker’s health, a warning is unlikely to help manage the health condition
Ordinarily, a removed worker’s entry will show on our Register as removed and they will be unable to apply to be restored to the Register until three years have passed.
In health cases, to avoid any stigma being attached to the worker, the worker’s name will not show as removed.

10. Employer Referral Guidance Where to find further information

11. Further information Thresholds policy Referral form and guidance
Fact sheets about our processes
Decisions
Upcoming panels
Temporary Orders
Link to Codes of Practice
Publicity policy
Where to get help
And much, much more!

12. Safer Recruitment Guidance

13. Safer Recruitment Through Better Recruitment (2016)
Replaces the 2007 guidance
Review led by the SSSSC and the Care Inspectorate, with project board representation from a wide range of key stakeholders including employers from both the statutory and independent sectors, professionals from social work services and human resources, from the regulatory and inspection bodies, Disclosure Scotland, the Home Office and the NHS
Focus on value based recruitment
The guidance details robust recruitment processes that can help employers ensure that unsuitable staff do not gain access to children or protected adults
Online ‘living’ resource accompanied by a downloadable pdf version of the core text
Good practice guidance, detailing legislative and regulatory expectations

14. Aims: This guidance is designed to help employers to:
meet legal and regulatory requirements
make sure potential applicants are aware of the organisation’s commitment to the welfare of vulnerable people
be satisfied that each candidate has demonstrated their suitability for the specific position
be satisfied, as far as possible, at each stage of recruitment and selection that the candidate is safe to practice
be satisfied at each stage of the process that the best candidate(s) have been selected to progress to the next stage
be satisfied of the candidate’s identify, qualifications, registration and right to work status
involve people who use care in recruitment and selection.

15. Layout of the resource
The guidance supports people through each of the key steps and stages of the recruitment process outlining each of the key elements, highlighting areas for further consideration at each key stage and provides links to further guidance, tools and practice examples from the social services sector.
The guidance is separated into the following key stages:
Developing your recruitment policy
Defining the post
Advertising and Shortlisting
Assessing your applicants and offering the post
Essential checks
Other considerations for safer recruitment
Post selection considerations

16. http://hub.careinspectorate.com/knowledge/safer-recruitment- Demo
We would welcome additional feedback, suggestions, case studies and scenario descriptions. Please