The Conduct Process
The conduct process has been set up to allow the NISCC to take action and investigate concerns about registered social care workers in NI. Registrants who breach the Code of Practice for Social Care Workers could be have their record admonished, be suspended or removed from the Social Care Register through this process. This section provides information about how NISCC addresses concerns about a social care worker’s conduct.
A summary of the Conduct Process and guidance leaflets for those involved in Conduct issues are available below. If you have concerns about a social care worker’s conduct or practice, contact the NISCC Conduct Manager (Tel: 028 9041 7633) for advice.
Stages in the Conduct Process
Stage 1 – Preliminary Enquiries
In order to determine whether an allegation is grounds for misconduct, we undertake any preliminary enquiries that we feel necessary to establish the facts. Our enquiries depend very much on the nature of concerns raised with us. Where there is a case to answer, we will refer the matter to our Preliminary Proceedings Committee and both the complainant and the registrant will be informed.
Stage 2 - Preliminary Proceedings Committee
The first Preliminary Proceedings Committee (PPC1) – must decide whether the complaint calls into question the registrant’s suitability to remain on the Register. If the PPC1 decides that the complaint does meet this criteria, they will then refer the matter for a second consideration of the Committee (PPC2). Further enquiries are usually made at this stage, including getting formal statements from anyone who has relevant information. This is usually undertaken by a solicitor.
The second Preliminary Proceedings Committee (PPC2) - must decide whether there is sufficient evidence to support the allegation and whether, if proved, the allegation is serious enough to affect registration. The registrant and complainant will be notified and the registrant can submit any documentation they feel is relevant. If the members of the PPC2 are satisfied there is sufficient evidence of a serious issue, they will then refer it on to a Conduct Committee.
Where an allegation against a registrant is so serious that the public might need immediate protection, the PPC2 may consider imposing an Interim Suspension Order. This suspends the registrant from the register on a temporary basis while the complaint is being investigated and means they will not be able to work as a social care worker until the Order is removed.
Stage 3 - Conduct Hearing
Unlike the previous stages, Conduct Hearings are usually held in public. The Conduct Committee will decide whether or not misconduct has been committed and it has the power to affect a registrant’s ability to work in social care. Complainants, registrants and the public are allowed to attend this hearing. Registrants have the right to be represented by someone if they wish and call witnesses or speak on their own behalf.
The Conduct Committee will make their decision in private but will announce it in public. Any action they take is intended to protect the public. They will always consider the individual circumstances of a case and will take account of what has been said by everyone at the hearing before deciding what to do. The Committee will make its decision based on the “balance of probabilities”, i.e. that it is more likely than not that the misconduct occurred.
Stage 4 – Sanctions
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 – a public 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 – a permanent sanction preventing the person from working 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. Registrant’s will be notified of the Conduct Committee’s decision within seven days of the conclusion of the proceedings.
Stage 5 – Appeal
Registrants have the right of appeal to the Care Tribunal against any decision made by a Committee. The Care Tribunal was established 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.
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