FAQ's

1. What is workforce regulation?

Workforce regulation is setting and monitoring the standards of training, practice and conduct which are a requirement for registration as a social care worker on the NISCC Social Care Register?

2. What does Conduct mean?

Conduct is the actions or behaviour of a registered social care worker.  All registrants have agreed to comply with the standards of conduct set out in the Code of Practice for Social Care Workers.

3. What action will the NISCC take if a worker has not met the expected standards set out in the Code of Practice?

When a social care worker is alleged to have brought the profession into disrepute by providing poor practice, or by behaving inappropriately, they will be investigated by the NISCC. All cases will be investigated robustly and fairly, according to the NISCC Conduct Rules.  Where a registrant has breached the code, NISCC may admonish, suspend or remove them from the register – depending on how serious the nature of the breach is.

4. What systems are in place to ensure that allegations of misconduct are investigated fairly?

The NISCC Conduct Rules set out the processes which must be followed to ensure that all cases are investigated fairly and robustly. The Registrant against whom an allegation has been made and the person making the complaint will be kept informed throughout the Conduct Process as it is assessed by NISCC Officers and Committee Members to decide whether a full hearing is required.

5. What concerns will the NISCC investigate? 

When the complaint is about specific behaviour by that worker which does not meet standards – we cannot investigate general employment issues such as sickness, timekeeping or matters relating to the level of service offered.
When we receive a written, signed complaint about a worker on our register
Where the behaviour is serious enough to affect registration

6. Who can make a complaint about alleged misconduct?

Anyone can make a complaint about a registered social care worker - carers, service users, employers or the general public. Sometimes an issue comes to our attention through the press or news reports. We could also be notified by the police or the courts if a social care worker has been arrested or convicted.

7. How do I make a complaint to the NISCC about a social care worker?

Complaints should be made in writing. Please refer to the leaflet How to Make a Complaint about a Registered Social Care Worker or contact the NISCC Conduct Manager (Tel: 028 9041 7633) for advice.

8. Can I make a complaint about the conduct of a social care worker who is not yet registered with the NISCC?

If you have concerns about a worker who is not yet registered with the NISCC, you should still contact the NISCC Conduct Manager (Tel: 028 9041 7633) for advice.

Your concerns will be investigated and the social care worker will be informed. Any relevant information will be referred to when the person is applying to the NISCC for registration.

9. Where can I report concerns about the level or quality of service provided by a social care organisation?

Concerns about social care services should be directed to the Regulation and Quality Improvement Authority which regulates and reviews social care services in Northern Ireland.

10. What happens if a case is assessed and is deemed serious enough to be referred to a Conduct Hearing?

A notice about the hearing will be sent to the Registrant and any relevant witnesses advising of the date the Committee is to meet.  Conduct hearings are quite formal and they are held in public. At a Conduct Hearing, a Conduct Committee of five people will hear evidence from the registrant and witnesses to decide whether or not misconduct has been committed.

11. What action might the Conduct Committee decide to take against a registrant following a Conduct Hearing?

The Conduct Committee might decide that there is no case to answer and if so will dismiss the case with no further action. If they decide however that misconduct has been committed, there are three possible courses of action that they might take:

• Admonishment – this is a caution and lasts for a period of five years
• Suspension - removal from the register for a period of up to two years
• Removal from the register – this is a permanent sanction and means that the person is no longer able to work in social care

In all cases the Committee will take into account the seriousness of the misconduct, the need to protect the public and the public interest in maintaining confidence in social care services. The Registrant will be notified of the Conduct Committee’s decision within seven days of the conclusion of the proceedings.

12. Can I appeal a decision made by the Conduct Committee?

Appeals can be made to the Care Tribunal against any decision made by a Committee. The Care Tribunal was established under the provisions of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 to hear appeals against decisions made by of a number of organisations concerned with the provision of care or education, including decisions concerning the registration of social care workers. The Tribunal can either agree or disagree with the outcome that is being questioned or the sanction given and overturn it. The Tribunal also has the power to vary the original decision. An appeal must be lodged with the Care Tribunal within 28 days of receiving the Notice of Decision from the Committee using the NISCC Appeal Form. Contact the NISCC Conduct Manager (Tel: 028 9041 7633) for advice.