Fitness to Practise Investigation process and what might happen

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.)

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

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

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

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.

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

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

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.

Employer Referral Guidance Where to find further information

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!

Safer Recruitment Guidance http://hub.careinspectorate.com/knowledge/safer-recruitment

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

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.

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

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

calum.davidson@sssc.uk.com