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.