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 (SWE), which became the statutory regulator on 2 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, setting professional standards and investigating allegations that a social worker’s fitness to practise may be impaired. Its regulatory functions are governed principally by the Social Workers Regulations 2018 and the associated Fitness to Practise Rules.

Where a concern is raised, Social Work England will initially assess whether the matter falls within its jurisdiction and whether there is sufficient evidence to justify investigation. If the matter proceeds, evidence will be gathered from relevant sources, including employment records, witness statements and other documentation where appropriate. The social worker will normally be notified of the allegations and given an opportunity to respond. Following the investigation, the matter is referred to case examiners, who consider whether there is a realistic prospect of establishing the alleged facts, a statutory ground of impairment and that the social worker’s fitness to practise is currently impaired.

At the conclusion of their assessment, the case examiners may decide to close the case, provide advice or a warning, refer the matter to a fitness to practise hearing, or propose an accepted disposal. Accepted disposal allows a case to be concluded without a formal hearing where the social worker admits the relevant facts, accepts that their fitness to practise is impaired and agrees to the proposed sanction. The case examiners must also be satisfied that a hearing is not required in the public interest. Where the social worker disputes the key facts or refuses the proposed outcome, the matter will ordinarily proceed to a hearing.

From 1 April 2026, Social Work England also introduced an adjudicator consensual disposal procedure for cases that have already been referred for a final hearing. Where appropriate, Social Work England and the social worker may agree the relevant facts, impairment and proposed sanction, subject to approval by independent adjudicators. This enables suitable cases to be resolved without a fully contested final hearing, although the adjudicators retain the power to reject the proposed outcome.

Where a case proceeds to a formal hearing, it is considered by independent adjudicators appointed by Social Work England. The social worker is entitled to attend, be legally represented, make representations, call witnesses and submit evidence in their defence. The adjudicators will determine whether the allegations are proved on the balance of probabilities, whether the relevant statutory ground is established and whether the social worker’s fitness to practise is currently impaired. Where impairment is established, possible outcomes include a warning, conditions of practice, suspension or removal from the register. Appropriate cases may also be concluded without further action or with advice.

Where necessary for the protection of the public or in the best interests of the social worker, Social Work England may seek an interim order imposing temporary conditions of practice or suspension while an investigation or proceedings continue. Such orders may initially remain in force for up to 18 months, subject to statutory review and extension procedures. Where necessary, Social Work England may apply to the High Court for an extension.

Removal from the register prevents the individual from practising as a social worker in England unless and until their registration is restored. A social worker who has been removed following fitness to practise proceedings cannot apply for restoration until at least five years have elapsed from the date the removal order took effect. Restoration is not automatic and requires the adjudicators to be satisfied that the applicant is fit to practise.

A social worker may appeal against specified decisions of the adjudicators, including final orders and certain interim orders, to the High Court within 28 days beginning with the day after notification of the decision. Decisions made through accepted disposal by case examiners are not subject to the ordinary statutory appeal procedure, although judicial review may be available in appropriate circumstances. In addition, the Professional Standards Authority (PSA) may challenge certain decisions that it considers insufficient to protect the public, meaning that a relatively lenient outcome may subsequently be reviewed by the 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 is responsible for maintaining the register of social care professionals in Wales, setting professional standards and investigating allegations relating to fitness to practise. Its regulatory functions are governed principally by the Regulation and Inspection of Social Care (Wales) Act 2016 and the associated regulations and disciplinary rules.

Where an allegation is made against a social worker in Wales, Social Care Wales will initially assess whether the matter falls within its jurisdiction and warrants formal investigation. If the matter proceeds, a fitness to practise officer will gather evidence from relevant sources, including witness statements, employment records and other documentation. The social worker will normally be notified of the allegations and given an opportunity to respond. Following the investigation, Social Care Wales will determine whether there is sufficient evidence to justify further regulatory action.

Not all investigations result in a formal hearing. Depending on the circumstances, Social Care Wales may close the case without further action, issue a warning, agree undertakings with the social worker, or consider removal from the register by agreement. Where the concerns cannot appropriately be resolved through these procedures, the matter may be referred to a Fitness to Practise Panel for determination.

Where a formal hearing takes place, the social worker is entitled to attend, be legally represented, make representations, call witnesses and submit evidence in their defence. The Fitness to Practise Panel will determine whether the alleged facts have been proved on the balance of probabilities, whether a statutory ground of impairment is established and whether the social worker’s fitness to practise is currently impaired. Where impairment is established, the Panel may decide to take no further action or impose a sanction, including a warning, conditional registration order, suspension order, indefinite suspension where applicable, or removal from the register.

Where necessary for the protection of the public, otherwise in the public interest, or in the interests of the social worker, Social Care Wales may also seek an interim suspension order or interim conditional registration order while an investigation or disciplinary proceedings continue. Such orders may remain in force for up to 18 months, with a review panel having the power to extend an order within that period, provided the order has not previously been extended by the tribunal. Extensions beyond 18 months require an application to the First-tier Tribunal (Care Standards), which may extend the order for up to 12 months at a time. Interim orders must normally be reviewed every six months while they remain in force.

Removal from the register prevents the social worker from undertaking work in Wales for which professional registration is required unless and until their registration is restored. A social worker who has been removed following fitness to practise proceedings cannot apply for restoration until at least five years have elapsed from the date of the removal order. Restoration applications are considered by a Registration Appeals Panel, which must be satisfied that the applicant meets the relevant requirements before directing restoration. Applications are restricted to one within any 12-month period, and restoration is not automatic.

A social worker may appeal against specified decisions of a Social Care Wales Fitness to Practise Panel to the First-tier Tribunal (Care Standards), rather than directly to the High Court. Under section 158 of the Regulation and Inspection of Social Care (Wales) Act 2016, such appeals must normally be brought within 28 days beginning with the date on which notice of the decision is given. The Tribunal may permit a late appeal where the statutory requirements are satisfied. Separate appeal arrangements apply to interim orders and certain registration decisions, including decisions concerning restoration to the register.

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.