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Registration of the Workforce
SSSC Registration of the Workforce
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CHERYL CAMPBELL, REGISTRATION MANAGER
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Mandatory registration
Part of the Register No. Registered Social Workers 11,132 Students 1,514 Care Inspector Staff 284 All Residential Child Care workers 7,457 Managers of Adult Day Care Services 403 All workers in Care Home Services for Adults 39,108 All workers in Day Care of Children Services 32,855 Managers & Supervisors of Housing Support Services 3,152 Managers & Supervisors of Care at Home Services 2,886 Growth of the Register – 150,000
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Future Dates for Mandatory Registration
Part of the Register Date of Mandatory Registration Supervisors in Housing Support and/or Care at Home 30 June 2017 Deadline for receipt of applications is 31 December 2016 Workers in Housing Support and/or Care at Home The Register will open in 2017 and registration will become mandatory in 2020 As this is such a large group of workers it is likely there will be at least a 12 months prior deadline for receipt of applications It is estimated that this category makes up about 50,000 workers which is a third of the Register All workers new into their role are required to be registered within six months of starting in the new post. to employers outwith this timescale.
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Processing Applications
It can take up to 60 working days to process an application Workers should apply for registration as soon as possible to ensure they are registered when they should be Most common delays in processing applications: Inaccurate or no PVG information No copy of qualification certificate
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What do your workers know about the SSSC?
Are they aware of the dates for registration? For those who are registered do they understand their responsibilities as a registered worker? Do you discuss the SSSC or the Codes of Practice at supervisions? What can we do to support workers to get registered? Have you seen our videos?
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How do you monitor the Registration of your Workers?
MySSSC allows countersignatories and those with online access to monitor registration: Endorse applications for registration – Do you have enough countersignatories set up? Check applications in progress Check those who are registered Monitor overdue annual fees and renewals Receive alerts when someone is lapsed from the Register
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41% of workers on our Register have a qualification condition
Using MySSSC you can check which of your staff have to achieve a qualification and by when Prioritise access to qualifications to ensure they meet their condition Failure to meet a condition will result in removal from the Register
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What do we consider when a condition has not been met?
What were the reasons for the condition not being met? There are legitimate reasons for example: maternity leave; access to courses; funding etc. Is the employer supporting the request for additional time? How much of the qualification has been completed so far? The progress so far is significant in terms of our considerations. When are they likely to complete the qualification? We need to be assured that the worker is committed to completing the qualification within a reasonable timescale.
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Fitness to Practise Dominique Chauwin
Senior Intake and Engagement Officer
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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.
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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.
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Examples of applicant cases where good character, conduct and competence is questioned:
Patterns of offending, even if a long time ago Serious offences such as violence Offences resulting in serious penalties such as imprisonment Live disciplinary sanctions Non-registered worker information The majority of applicants will be registered at conclusion of the case, often with a condition on their registration. Examples of cases where registration has been refused: Recent violent behaviour Pattern of serious offending which only stopped recently Serious recent dishonesty
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Applicant case decisions
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 on the same register part 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.
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Registered workers: The vast majority of social service workers act in accordance with the Codes 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. Failure to meet the standards expected will be considered misconduct. “Misconduct” means conduct, whether by act or omission, which falls short of the standard of conduct expected of a person registered with the SSSC, having particular regard to the Codes of Practice for Social Service Workers.
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What we expect from registered workers:
When registering with the SSSC you agree to tell us as soon as reasonably practical about: Any events that call into question your good character such as formal charges, criminal convictions, criminal proceedings or alternatives to prosecution. Any disciplinary action taken against you Any changes to your personal details You agree to undertake post-registration training and learning (PRTL) and provide evidence of this if requested to do so. You agree you will comply with the Codes of Practice for Social Service Workers.
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What happens if I am complained about?
The SSSC will allocate the case to a Case Officer (this may be a conduct case officer or a solicitor) who will write to you to inform you what information we have received, provide you with our guidance leaflet and to seek your comments. The Case Officer will investigate the matter by seeking information from you and other relevant parties e.g. your employer, police, social work, witnesses. The SSSC will usually await the outcome of any third party investigations prior to making a final determination in your case. Decisions are made based on legal advice regarding the legal weight and sufficiency of the evidence and in accordance with our Indicative Sanctions Guidance. Our decisions may differ from those made by other including your employer, police and PVG.
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Registrant case decisions:
Possible outcomes: No Further Action Officer Warning up to 5 years (with consent) Officer Conditions (with consent) Officer Warning + Conditions (with consent) 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. If seeking removal, registrants will be given the opportunity to consent to removal.
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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: Protection of members of the public It is otherwise in the public interest It is in the interests of the registrant Possible outcomes: No order Interim suspension order Interim conditions order Interim suspension plus conditions
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How do we make decisions?
SSSC uses an Indicative Sanctions Guidance document. This ensures consistent decisions. Without a framework for decision-making, decision makers’ views are likely to vary. Important for regulator to have corporate view on: Aggravating factors Mitigating factors Use of Sanctions The principles to be taken into consideration - fairness, proportionality, public interest and the least restrictive approach to sanction
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EXAMPLES OF MISCONDUCT RELEVANT TO SANCTION IN THE ISG:
The most serious areas of concern are: Sexual misconduct Dishonesty Failing to provide an acceptable level of care Abuse of a position (including physical, verbal and financial abuse) or violation of rights of users of services
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When should EMPLOYERS report registered workers to us?
The situation When to tell us A serious matter involving harm or risk of harm to people who use services, sexual or violent offences or dishonesty. As soon as you start your investigation. You suspend a worker. At the point of suspension. A worker is investigated or charged by the police. As soon as you know about it. None of the above. After you finish your disciplinary process (unless it relates to smoking or sickness absence as set out in the guidance).
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When should EMPLOYERS report registered workers to us?
The situation When to tell us A serious matter involving harm or risk of harm to people who use services, sexual or violent offences or dishonesty. As soon as you start your investigation. You suspend a worker. At the point of suspension. A worker is investigated or charged by the police. As soon as you know about it. None of the above. After you finish your disciplinary process (unless it relates to smoking or sickness absence as set out in the guidance).
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When should EMPLOYERS report non-registered workers to us?
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 should be referred to the SSSC.
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New model of regulation
A change follows a consultation in 2013 and moves from a conduct model to a fitness to practise one. It is a change in emphasis that will also bring practical changes: For applicants, they declare they are: “of good character, conduct and competence and fit to practise” For registrants we investigate whether: Fitness to Practise has been impaired by: Conduct Health Competence
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Why are we doing this? Health: Currently we cannot refuse an application or take action about a registered worker in cases when serious ill health is putting people at risk. Competence: Currently we can only deal with competence issues by saying that registrants have committed misconduct. The language does not represent the situation fairly. Conduct: Allows us to continue to deal with conduct issues. Modernisation: Other health/social care regulators are moving in this direction.
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Move to Ftp update The move to Fitness to Practise will go live on 31 October guidance will be online from September. The Codes of Practice have been reviewed as part of this move. The ISG and Rules are being reviewed as part of the move and will be online for consultation from 27 May until the end of July. Feedback will be welcomed.
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Where to find further information:
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www.sssc.uk.com ‘What happens if you are complained about?’ booklet
‘Attending a sub-committee’ booklet Indicative Sanctions Guidance. Publicity Policy 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. Codes of Practice for employers and social service workers.
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Any questions? Contact details:
Scottish Social Services Council Fitness to Practise Department Compass House 11 Riverside Drive Dundee DD1 4NY Phone:
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Workforce Benchmarking
HR Voluntary Sector Forum
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How it started – Forum member met and agreed to share information
History How it started – Forum member met and agreed to share information 10 Years ago talked about Benchmarking Survey 5 Years ago engaged external Provider – integrity and anonymity of members Grown year on year 35 employers last year from Housing Support category
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Workforce Benchmarking Survey
Expand to include Independent Sector Providers The survey details are owned by the participants Survey is administered by Strathclyde University Produce an Executive summary which allows CCPS and Scottish Care to share areas of joint interest for National influencing
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Workforce Benchmarking Survey
Section 1 – General The year on which the date supplied was based upon Annual turnover (in £’s) of the respondents Annual pay bill Percent of turnover spent on pay The local authority areas in which organisations worked or provided services and whether these are rual or urban or mixed Services Provided Type of Organisation Employee numbers including male/female breakdown and part-time v’s full-time Information on sessional workers, agency and volunteers Standard full-time weekly working hours Types of employment contract used Section 2 – Workforce Workforce roles Outsourcing activity Shared services and impact Salary Review Cost of Living and impact Recognition of Trade Unions Redundancies
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Workforce Benchmarking Survey
Section 3 – HR Metrics Absence rates Breakdown of short and long term absences Absences for particular health reasons The most common reasons for absence Counselling Services Occupational Health Services Turnover Leavers Recruitment including problems recruiting staff Length of service and age range of staff Staff engagement Section 4 – pay and Benchmarking Information Hourly rates different levels of staffing Changes to Terms and Conditions of Employment Different allowances Sleepover, on-call, overtime, enhancements for waking nights and working on a public holiday Car allowances and mileage rates Pensions , holidays, sick pay, accidents at work, probationary periods and additional benefits Employee Relations issues (discipline, grievance, employment tribunal) Complaints related to staff
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Workforce Benchmarking Survey
Section 5 – Training Registration readiness and impact Induction Qualification requirements and impact Annual training budgets Mandatory training Workplace assessors and verifiers Section 6 – Equality Equality Schemes Equal Pay Audits Equality training
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Workforce Demographics 2015
Survey covered 25,000 employees 25% Males (16% full-time /9% part-time) 75% Females (35% full-time/40% part-time) Age range varied
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Registration, Readiness and Impact 2015
Staff Currently Registered 25 organisations responded Where registration is a requirement now Average was 60% of staff have achieved Average of 36% who have partially achieved (registered with conditions) Low amount with staff not registered (could be new staff given some high turnover levels) Good levels of confidence in providers about getting staff to register.
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Registration, Readiness and Impact 2015
All providers confirmed that they have conditions written into employment contract for staff, important as if staff are not registered they cannot practice. All providers need to also outline what happens if registration lapses not renewed also having processes to deal with situations. 5 providers actually pay for staff to register whilst the majority of providers see this as employee’s responsibility (personal professional registration) 21 out of 33 providers confirmed that they will or do require staff to register in 2 or more categories on the SSSC register. Important aspect for staff deployment and flexibility of professional staff.
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Registration, Readiness and Impact 2015
Qualifications for Registration Varied considerably between the organisations - 30% to 100% 54% Front line on average are already qualified 66% of Supervisors on average are already qualified 73% of Managers on average are already qualified All organisations pay for the qualifications not just in terms of finance but give some supported time which also impacts on service delivery/working time Qualification Providers 5 Organisations supply this internally 12 source qualifications externally Other do a mix depending on sources of funding available Overall 17 of 29 cited a positive impact on practice from qualified workers, while another 11 reported a partial improvement. Organisations were, on the whole, confident that staff not registered would gain qualifications – of the 30 respondents to this question, 11 were ‘very confident’ and 17 were ‘confident’ compared to just 1 ‘not confident’ and 1 ‘problematic’.
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CCPS Business Resilience Survey 2016
Heather McCluskey Housing Support Enabling Unit
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Levels of Optimism Introduction:
We’ve been running the Optimism Survey since 2009 (2012 for HSEU) and have built up several years of data about general levels of optimism, finance, procurement and contracting and workforce issues. The survey this year ran over June and July – we’re now presenting the results & getting feedback from several groups about the findings before we produce a report. This year, we got 47 responses to the survey – on par with previous years – from organisations across Scotland from very large to very small. Comments: Almost half of respondents mentioned (lack of) funding (21) as being a reason that they were less optimistic. But the second most cited reason for not being optimistic was because of recruitment, pay (unfunded), or other workforce issues like sleepovers. (11) Many people also pointed to the current political and economic uncertainty as a reason for not being as optimistic. The Brexit vote happened about halfway through our survey but event then, featured in many comments. Of the 9 people who said that they were more optimistic, many cited policy shifts and increased focus on collaborative practices. First, I’m going to show you some general financial trends and then we’ll move on to the more specific workforce questions.
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Income Trend Most of those who said that their income was going up said that it was by a very small amount (up by 1-5%) – those that said that it was up significantly, it was to do with winning significant new contracts – and taking on new staff and new costs. The number of organisations saying that their income has increased has consistently been higher than the number saying that their income has fallen. However, this is not always “good growth” meaning it’s not always sustainable. With increased income, comes increased costs and possibly, increased risk of deficits. We also ask about services running at a deficit – which might happen if this income growth is bad growth.
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Services Operating at a Deficit
Over the past couple of years, it seems like the trend for services being run at a deficit is increasing – now with 50% of respondents saying that the number of services run at a deficit has increased and only 7% saying that it had decreased. We also ask what percentage of services are run at sustainable levels. This year, 35% of respondents said that fewer than half of their services were run at sustainable levels. From comments, it seems that many organisations (6) are subsidising these services with reserves or through fundraising. Many of the “extra costs” are because of pay increases like the National Living Wage and sleepovers. We also ask respondents to say what percentage of their service received an inflationary uplift. Not surprisingly, 82% said that less than a quarter of their services had received an uplift in the last year. For those that did receive an uplift, for many, it was related to the Scottish Living Wage (4) or that the uplifts were from grant funded projects – rather than from statutory funding. Many of those that did receive an uplift said that it was the first in many years.
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Organisational Reserves
About half of respondents said that reserves had remained stable, about 30% said that reserves had decreased and about 25% said that they had increased. Both the increases and decreases tended to be small ( between 1-5%) and many of the increases came from sale of property (2) and capital appeal or fundraising (3). Again, though some comments indicated that organisations were subsidising some services from reserves (5).
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Housing Support Trend We ask respondents whether they deliver housing related support – about 85% said that they did. Then we ask those people what has been the general trend for housing related support provision – as you can see, it’s remaining fairly stable. Consistently more than half of respondents say that’s it’s remained about the same and roughly the same percentage of respondents have said that it has gone up or down. In the main, this would indicate that while work might move around, the total amount of housing related support is staying fairly stable. However, it’s hard to tell from these figures what the nature of support is, how that support is funded and whether this is changing. Some comments would indicate that services aren’t receiving uplifts or that the nature of support has shifted. Interestingly, it seems to be shifting in different ways – some comments said that the shift had been toward people in greater need, with more complex support needed and some comments indicated that welfare reform had been the driver for the shift – toward more budgeting support, welfare rights referrals and other things that we think of as more low level support.
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Numbers employed Now – lets look at some workforce figures.
First, overall, many (44%) of respondents said that the numbers employed by their organisation had increased. About half of these (22%) were small increases (1-5%) and comments indicate that the increase has been mostly part-time or sessional staff or fixed term contracts tied to specific funding.
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Recruitment We ask organisations whether they have any difficulty with recruiting suitable staff. The vast majority (74%) said that they experienced a lot or some difficulty – while high, this is slightly lower than last year, when 91% of respondents said that they experienced a lot or some difficulty. I’d be interested in your views about whether this is an indication that recruitment is getting easier – or slightly less hard - or if reflects other factors? What are your feelings about the skills and qualifications of the applicant pool – especially with registration for support workers on the horizon? We also ask about the impact on the organisation. Comments included: Increased time and resource spent on recruitment Increased use of agency staff and sessional staff
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Staff Pay and Conditions
We ask respondents to say whether there has been any change in pay and conditions for their workforce in the last year. Most of these increases in pay have been small (improved a little – 23) The drivers behind the pay increase appear to be the Living Wage (8), and very small, below inflation pay increases (1%) awarded across all staff. Many of these pay increases have come after 7 or 8 years of stagnant wages. As you know, there is still a lot of uncertainty for many about funding for the Scottish Living Wage, but overall comments across the board were clear that organisations are concerned with ensuring that they offer fair pay, and good terms and conditions and improve these whenever possible.
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Did the National Living Wage (£7.20) affect your organisation?
For many organisations, there was no or little effect of the introduction of NLW. Many respondents said that because they were already Scottish Living Wage employers, they did not need to increase wages upon the introduction of the NLW. However – it’s not all good news – many (9) respondents said that sleepovers were not fully funded by existing contracts, that there was no increase in funding from LAs Given that there has been no increase in funding, and that future increases look unlikely, there was concern about upcoming increases to the NLW.
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Training and Development Budgets
For most organisations, training and development budgets have remained stable (though those organisations have emphasised that they have protected these). Several comments from respondents who said that they had increased training budgets mentioned that the upcoming registration requirements were a driver for this.
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Has the introduction of pension auto-enrolment increased overall costs?
This is the first year we’ve asked this question, although auto enrolment has applied to some organisations for several years. Based on the comments, the impact has been small relative to the size of the organisation, but the take up has been good, with most staff members choosing to remain enrolled.
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Questions Do these numbers and trends ring true for you? Are there factors influencing the trends that we have not addressed? What are the upcoming opportunities and threats that we should think about for next year?
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