Regulatory Law
Social Workers

We handle cases where social workers are being investigated by Social Work England (SWE) in England and Social Care Wales (SCW) in Wales.

The Regulatory Process (England)

In England, social workers are regulated by Social Work England, which became the statutory regulator on 1 December 2019, taking over responsibility from the Health and Care Professions Council (HCPC). Social Work England is responsible for maintaining the register of social workers in England and for investigating allegations that a social worker’s fitness to practise may be impaired.

Where a concern is raised in England, Social Work England will first assess whether the matter falls within its jurisdiction and whether there is sufficient evidence to justify investigation. If the case proceeds, it is investigated and may then be referred to case examiners, who decide whether there is a realistic prospect of impairment and, if so, whether the matter should be closed, resolved by accepted disposal, or referred to a fitness to practise hearing. At a hearing, the social worker has the right to make representations, call witnesses and submit evidence in their defence. If impairment is found proved, sanctions may include a warning, conditions of practice, suspension, or removal from the register. Decisions may be appealed to the High Court.

The Regulatory Process (Wales)

In Wales, social workers are regulated by Social Care Wales (SCW), which replaced the Care Council for Wales (CCFW) in April 2017. Social Care Wales maintains the register of social care professionals in Wales and deals with allegations relating to fitness to practise.

Where an allegation is made in Wales, Social Care Wales will investigate the matter and determine whether there is a case to answer. If the matter proceeds, it is referred to a Fitness to Practise Panel, where the social worker is entitled to attend, make representations, call witnesses and submit evidence. If the allegations are proved on the balance of probabilities, sanctions may include a warning, conditions on practice, suspension, or removal from the register. Decisions may be appealed to the High Court.

Internal Disciplinary Proceedings

We also assist and represent social workers where they are the subject of internal disciplinary proceedings by their employer

What To Do If Regulatory Proceedings Are Commenced Against You

Should internal disciplinary proceedings, Social Work England (SWE) proceedings, or Social Care Wales (SCW) regulatory proceedings be commenced against you, then please either telephone us on 0333 301 0700, or complete our questionnaire.