Cheryl Campbell Senior Registration OfficerRegistration

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 registration

No. 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 RegistrationPart 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 RegistrationThe SSSC can remove someone from the Register without referral to a Registration Sub-Committee for the following reasons:•Non-Payment of Annual Fee•Failure to Renew•Failure to Meet a Condition

Since March 2012:Reason TotalLapsed - Failure to meet qualification condition 29Lapsed - Failure to Renew Registration 1338Lapsed - Non Payment of Annual Fee 6074Total 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

Contact the SSSCThe Scottish Social Services CouncilCompass House11 Riverside DriveDundeeDD1 4NY

Telephone: - 0845 60 30 891registration@sssc.uk.comwww.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 (non-registered 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 publicII. It is otherwise in the public interestIII. 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 on-going 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 informationi. SSSC receives scheme updates\will be informed if someone is under consideration for

listingii. SSSC are eligible to refer matters to PVG ( employers have statutory duty to refer if the

referral criteria is met)iii. 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 on-going 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 Sub-committee 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 MurrayDirector 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 on-

going 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 managersTool to •Describe what is expected of managers•Guide managers in their practice•Using examples from SSSC case work

Proposed working group to develop guidanceKey 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