PART 6SOCIAL CARE WORKERS: FITNESS TO PRACTISE
CHAPTER 2PRELIMINARY PROCEDURES
Review
I1131Review of decisions by SCW
1
SCW must review a decision to which subsection (2) applies if—
a
it thinks that the decision may be materially flawed, or
b
it thinks that a different decision may have been made on the basis of information that was not available when the decision was made.
2
This subsection applies to the following decisions—
a
a decision not to refer a matter to a fitness to practise panel under section 121 or 126(2),
b
a decision not to refer a matter for investigation under section 125,
c
a decision to dispose of a case after investigation under section 126(3), and
d
a decision to refer a case for mediation under regulations under section 130.
3
SCW may not review a decision after the end of the period of 2 years beginning with the date on which the decision was made unless SCW thinks that it is in the public interest to do so.
4
Where SCW decides to review a decision, it must give notice to the interested parties of—
a
the decision to carry out a review, and
b
the reasons for carrying out a review.
5
In this section “interested parties” means—
a
the registered person in respect of whom the decision under review was made,
b
the person (if any) who made an allegation in respect of which the decision was made, and
c
any other person who SCW thinks has an interest in the decision.
6
On a review under this section, SCW may—
a
substitute for the decision under review another decision of a kind that could have been made by the original decision maker,
b
refer the matter for investigation under section 125, or
c
determine that the decision stands.
7
SCW must give notice of the outcome of the review to the interested parties.
8
SCW must by rules make provision about the arrangements for carrying out a review under this section.
9
Rules made under subsection (8) may, in particular, make provision about—
a
the procedure to be followed in carrying out a review (including provision for the interested parties to make representations to SCW);
b
the content and timing of notices to be given under this section.