1. SSSC
Fitness to Practise
Calum Davidson
Intake and Engagement Officer

2. 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.

3. 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.

4. 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

5. 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.

6. 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

7. 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

8. 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)

9. 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

10. 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

11. 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.

12. 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