Revised Decisions Guidance
The previous version of the Decisions Guidance came into effect in 2016, and since then only minor changes had been made to the document. In 2024, we consulted on revising the Decisions Guidance and have now updated the format and some content.
Since we last reviewed the guidance in 2016, there have been significant developments in regulatory law and practice. As a result, we've added, changed or adapted key areas of the previous Decisions Guidance. We've also simplified the language where possible.
The main changes are summarised below.
- Added paragraph numbers for easier navigation.
- More detail on equality, diversity and inclusion.
- Added discriminatory conduct as a type of particularly serious behaviour, in line with the Equality Act and the approach taken by other regulators.
- Added more detail in relation to our duties in line with the Human Rights Act 1998 and the European Convention on Human Rights (ECHR).
- Added reference to conducting fitness to practise processes in a trauma informed way, an important goal for the SSSC.
- Added more detail on dishonesty and situations where dishonesty may be considered to be particularly serious or less serious.
- Introduced references to the professional duty of candour, reflecting the approach of other regulators.
- Strengthened language around sexual conduct and added sexual harassment as an example of particularly serious sexual conduct, reflecting developments in society and the law.
- Added guidance on the length of warnings for particular types of behaviour to help decision makers be more consistent with warning lengths. This is in line with other regulators.
- Clarified some wording around conditions to make it clearer that conditions can only apply to workers, not employers or third parties and that reflective accounts/training conditions should generally not be imposed at Temporary Order stage. We also give more examples of conditions that may be imposed.
The consultation was available online on the SSSC website from 5 August 2024 to 27 September 2024 and we held several engagement events. We asked 34 questions, mainly focusing on the main areas of change as above and any other changes they would like to see made to the Decisions Guidance.
We received 50 responses from individuals, social services employers and other interested parties, such as Trade Unions. Overall, the feedback provided in relation to the proposed changes was very positive and we made several changes to the Decisions Guidance following the constructive feedback.
Fitness to Practise Panels and SSSC staff are now using the revised Decisions Guidance.
You can read the revised guidance on our website.
Practice Notes
The Practice Notes summarise applicable guidance, Fitness to Practise Rules and case law relating to specific issues that may come up during Panel hearings.
There are 13 Practice Notes covering the following topics:
- admissibility of evidence, including hearsay evidence
- admissions
- adopting a trauma informed approach to hearings
- adverse inferences
- allegations of bias and conflicts of interests
- criminal convictions
- decision making and notices
- expert witnesses
- holding hearings in public/private
- obtaining evidence from a vulnerable witness
- postponements and adjournments
- proceeding in the absence
- remote hearings.
SSSC Case Presenters will use the Practice Notes in hearings, both at Case Management stage and during the course of Temporary Order and Impairment Hearings.
Panels should make reference to the Practice Notes during hearings when making decisions on issues covered by the Practice Notes. Legally Qualified Chairs (LQCs) should also refer to the Practice Notes when making relevant decisions in Case Management Meetings.
The Practice Notes will help other parties, such as workers and representatives, when preparing submissions on certain issues. They will provide a structure to submissions and improve the fairness of our hearings by giving guidance to those less familiar with our processes on what to say in relation to certain issues.
Practice Notes will not be routinely sent out to workers. If the SSSC or a Panel intend to refer to a Practice Note in submissions, or as part of a decision, the worker or representative involved should receive a copy in advance wherever possible.