Transcript Title slide

Cheryl Campbell
Senior Registration Officer
Registration
About the Register
• Registration commenced in April 2003
• There are 21 different parts of the Register
• There are currently 70,765 registrants across
the different parts
• 29% of these registrants are registered
subject to a qualification condition
Mandatory
Registration
Part of the Register
Mandatory
No.
%
registration Regstd Qualified
Social Workers
Sept 2005
10966
100%
Students
May 2004
1794
N/A
Care Inspector Staff
Mar 2010
281
78%
Residential Child Care Workers
Sept 2009
6272
70%
Managers of Adult Day Care
Services
Nov 2009
382
73%
Managers of Care Homes Services
for Adults
Nov 2009
638
67%
Supervisors in Care Homes
Services for Adults
Mar 2012
3073
42%
Mandatory
Registration
Part of the Register
Mandatory
registration
No.
Regstd
%
Qualified
Practitioners in a Care Homes Services for
Adults
Mar 2013
5777
60%
Managers of Day Care of Children Services
Nov 2010
2517
34%
Practitioners in a Day Care of Children
Service
Sep 2011
20379
87%
Support workers in a Day Care of Children
Services
June 2014
5001
45%
All Residential School Care Accommodation
Workers
Nov 2013
369
38%
Managers of Housing Support Services
Jan 2014
1201
49%
Managers of Care at Home Services
Jan 2014
876
46%
Future Dates for
Mandatory Registration
Part of the Register
Date
Register
Opens
Date of
Mandatory
Registration
Support Workers in Adult Care Home
Services
April 2009
30 September 2015
Supervisors in Housing Support &
Care at Home
July 2014
30 June 2017
Workers in Housing Support & Care
at Home
2017
Expected 2020
All workers new into their role are required to be registered
within six months of starting in the new post.
This includes workers in posts in the above categories where
registration is not yet mandatory.
Eligibility
• Workers must be working in a service
regulated by the Care Inspectorate to be
eligible for registration. Workers cannot apply
for registration in advance of being recruited
into a role.
• This requirement does not apply to social
workers.
• Workers already registered with another
regulatory body e.g. the Nursing and
Midwifery Council are not eligible for
registration with the SSSC.
• Volunteers are not eligible to be registered
with the SSSC.
Register Parts
• How do I know which part of the Register I
should be applying for?
Workers should discuss this with their
employers based on:
• Definitions of register parts on the SSSC
website
• The role the worker undertaking not their
job title
• Workers should apply for each part of the
Register they are carrying out the role for
Support Workers in
Care Home Services for
Adults
• There is an estimated 27,000 workers in this
category
• 13,949 applications have been received since
2009
• Deadline for the receipt of applications is 30
September 2014 to guarantee registration by
30 September 2015. If the application is
referred to Fitness to Practise, we cannot
guarantee that the worker will be registered by
30 September 2015
Avoid delays in the
application process
• Employer provide PVG Membership or
Disclosure Scotland number and date carried
out at the point the application is endorsed
• Verified copies of qualification certificates
• All providers should set up countersignatories
Who is responsible
for Registration?
• Employers are responsible for ensuring they
are employing registered workers – it can take
up to 60 days to process an application for
registration. It can take longer if the
application is referred to Fitness to Practise.
• As part of an inspection of a care service, the
Care Inspectorate are checking the
registration status of staff
• Workers are responsible for maintaining their
registration, including achieving qualifications
Lapsing Registration
The SSSC can remove someone from the
Register without referral to a Registration SubCommittee for the following reasons:
• Non-Payment of Annual Fee
• Failure to Renew
• Failure to Meet a Condition
Since March 2012:
Reason
Lapsed - Failure to meet qualification condition
Lapsed - Failure to Renew Registration
Lapsed - Non Payment of Annual Fee
Total
Total
29
1338
6074
7441
Change of Details
• It is important that applicants and registrants
keep us up to date as this may affect their
eligibility for registration
• On average we are dealing with 1,000 change
of details per week
• It is the registrant’s responsibility to keep us
up to date but we can accept updates from
employers
• We are changing how we communicate with
registrants…….
MySSSC
Applicants
•Apply online
Registrants
Employers
Universities
•Pay Fees
•Renew
Registration
•Change of Details
•PRTL
•Apply for
Registration
•View employee
details
•Report changes to
employee details
•Endorse
applications
•Maintain
•Student results
•Notification of
commencement
•View student
details
•Report changes to
student details
•Endorse
applications
countersignatories
Contact the SSSC
The Scottish Social Services Council
Compass House
11 Riverside Drive
Dundee
DD1 4NY
Telephone: - 0845 60 30 891
[email protected]
www.sssc.uk.com
Laura Wylie
Team Leader- Training and
Sector Liaison
Fitness to Practise
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.
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.
An Employer’s
Responsibilities:
• In addition to their responsibilities under the Code of Practice,
employers have responsibilities under the Regulation of Care
(Scotland) Act 2001 in relation to any social service worker,
whether the worker is registered with the SSSC or not (nonregistered workers).
• As part of the drive to raise standards of practice and increase
the protection of the public, employers of social service
workers have a duty to let the SSSC know if they dismiss a
social service worker on the grounds of misconduct, or if a
social service worker has resigned or left their job and the
circumstances are such that the worker would otherwise have
been dismissed for misconduct, or dismissal for misconduct
would have been considered.
This responsibility is set out under the legislation for the
regulation of social service workers in Scotland.
Applicants:
• Applicants should apply as soon as possible when taking up a
post which is eligible for registration with the SSSC. If a case
is referred to the Fitness to Practise Department, we cannot
guarantee the individual’s application will be processed within
60 days.
• Reasons why applicant cases are referred to the Fitness to
Practise Department include: outstanding criminal
proceedings, the nature of the conviction(s) declared, failure
to declare convictions, live disciplinary action, information
held on file by the SSSC from a previous period of
registration/previous application/non-registered worker
referral information.
Applicants (cont):
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 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.
Applicants- what
employers need to know:
• For existing employees who are in a post which has a required
registration date set, employees must be registered with the
SSSC by the deadline date or the employer is potentially
committing an offence.
• If new workers are not registered within six months of taking
up a post in a role where that part of the Register is open, the
employer is potentially committing an offence.
• The SSSC will notify the Care Inspectorate if we are aware of
any organisations who are not complying with the regulations
• Have your employees apply for registration as soon as
possible.
Registered Workers:
The vast majority of social service workers act in accordance with
the Code 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.
Possible outcomes:
• No Further Action
• Officer Warning ( up to 5 years)
• Officer Conditions
• Officer Warning + Conditions
• 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.
What should an employer
notify the SSSC about and
when?
• For serious matters, e.g. dishonesty, violence, or any case
involving detriment or harm to vulnerable people please tell
us as soon as an investigation starts.
• For other matters, which do not indicate that there is a risk to
members of the public, service users or the registrant
concerned, please tell us when the final outcome of the
disciplinary process is known.
• When a decision has been made to suspend a registered
worker please tell us immediately, as we may have to take
immediate action to temporarily suspend the worker from the
SSSC Register.
• When a registered worker has been charged with committing
a criminal offence please tell us immediately. We may have
to take immediate action whether or not you have suspended
the worker.
What you should not
notify the SSSC about
You should not report the following matters to us:
• sickness absence, where there is no underlying
competence/performance issue and no dishonesty or lack of
insight, unless there is a pattern of absence or minor illness of
a regularity which demonstrates a disregard for professional
conduct and standards
• smoking tobacco contrary to an employer's policy, except in
premises, including outside premises, gardens and service
users' accommodation etc, where a service user is present
We would not consider these matters because they do not impact
on an individual's suitability to be on the Register.
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:
I. Protection of members of the public
II. It is otherwise in the public interest
III. It is in the interests of the registrant
Possible outcomes:
• No order
• Interim suspension order
• Interim conditions order
What we need from
employers?
• When endorsing an application for registration ensure any ongoing concerns are noted and ensure all conviction
information on PVG/Disclosure Form is declared and
accurately detailed.
•
Inform the SSSC at the earliest opportunity.
•
Provide the SSSC with clear, specific information in relation to
the allegations.
•
Keep the SSSC up to date with the progress of your
investigation.
•
Provide copies of all disciplinary paperwork including any
appendices to disciplinary reports, witness statements etc. It
is helpful if witness statements\minutes of meetings are
signed when taken by the employer.
Agency workers:
The SSSC’s view is that if a worker has been supplied by an
agency for work in a registered service:
• the provider has a responsibility for notifying the SSSC of any
concerns about the worker in terms of the Regulation of Care
(Scotland) Act 2001 and the SSSC’s Code of Practice for
Employers of Social Service Workers, and
• Where an agency employs a social service worker, the agency
is also responsible for notifying the SSSC in terms of the
Regulation of Care (Scotland) Act 2001 and the SSSC’s Code
of Practice for Employers of Social Service Workers.
PVG and Fitness to
Practise.
• The role of PVG is to look at the wider suitability of individuals
to work with children and/or vulnerable adults. The SSSC has
a more specific remit in determining suitability for roles within
social services.
• Share information
i.
ii.
iii.
SSSC receives scheme updates\will be informed if someone is under
consideration for listing
SSSC are eligible to refer matters to PVG ( employers have statutory duty to
refer if the referral criteria is met)
If a registered worker is listed by PVG they can be automatically removed
from our Register.
• In non-conviction cases PVG will await the outcome of any ongoing SSSC proceedings /take into account the outcome of
any concluded proceedings when deciding if an individual is
suitable for scheme membership.
www.sssc.uk.com
“protecting the public”
• Details of employer responsibilities, link to the
employer referral form and guidance
• What we do with the information you provide
to us
• Details of officer imposed sanctions and Subcommittee decisions
• Details of up-coming hearings and information
regarding the sub-committee process
• Details of registrants currently subject to
interim measures
• Indicative sanctions guidance.
Val Murray
Director of Fitness
to Practise
Fitness to Practise:
Performance and
Planned Activity
2013 -2014 performance
• 155% increase in hearings
• 16% increase in cases opened
• 1400 referrals
Target completion indicators
• 70% of cases concluded within 6 months
• 96% concluded within 15 months
Strategic Plan 2014/17
Expecting additional 30,000 on Register by
September 2015
• Increase of about 50% in Registrants
• 2014 – 2015: 2400 referrals to Fitness to
Practise expected
Themes from SSSC
casework
•
•
•
•
•
•
Failure to treat service users with dignity and respect
Medication administration failures
Attending work under the influence of alcohol
Dishonesty
Behaviour towards colleagues
Inappropriate use of social media
Significance for
employers/managers?
• Recruit only those with the right values (Code
of Practice for Social Service Workers).
• Follow safe recruitment practices.
• Provide good induction for new staff and ongoing training e.g. administration of
medicines; importance of care plans
• Emphasise Codes for Workers and Employers
Using casework information
strategically
Using casework information, we are:
• Working with SSSC Sector Development
colleagues on applying the learning
• Developing practice guidance for managers
• Adopting a fitness to practise regime
• Reviewing SSSC approach to regulation
Developing practice
guidance for
managers
Tool to
• Describe what is expected of managers
• Guide managers in their practice
• Using examples from SSSC case work
Proposed working group to develop guidance
Key stakeholders to be involved
Adopting fitness to
practise regime
Currently operate ‘misconduct’ regime
Under proposals we would consider:
• Misconduct
• Competence/deficient professional
performance
• Health - impact on suitability to practise
Advantages
Fitness to practise regime would allow us to
consider:
• Risk where concern is not currently covered in
the Code of Practice
• Current/future suitability to practise
Progress
We will now produce:
• Revised guidance on referrals for employers
• Revised Codes of Practice and Rules
Key stakeholders to be involved
Reviewing the SSSC
approach to
regulation
SSSC has agreed to consider whether we have
right approach to regulation generally:
• Is it proportionate?
• Are costs/benefits properly balanced?
• Does it fit new landscape for social work/social
care sector in Scotland?
Key stakeholders to be involved