The Fitness to Practise Rules set out what we have to do when we receive a concern about a worker, from the opening of an investigation, to how our panel hearings are run. We last reviewed them in 2016.
There are some relatively minor changes we want to make so the rules work more effectively. These are set out in the consultation document here.
We’ve also identified broad areas where we particularly want to make changes to improve the rules.
- Support for witnesses
Our rules allow vulnerable witnesses to receive support when giving evidence, for example, by giving evidence by video link or behind a screen, so they cannot see the worker who is in front of the panel.
At the moment, vulnerable witnesses must fall into one of several groups, such as victims of sexual behaviour, to receive this support. However, we know witnesses who don’t fall into one of these categories can also need support.
We want to allow any witnesses who need support to get it. We also think the term ‘vulnerable witness’ might be stigmatising and that we should replace it with something else.
- Reviewing decisions
We are already able to reconsider some decisions not to take further action, under the law which applies to all public bodies and we tell workers that when closing their case. This might be because fresh evidence comes to light or something else makes us think we should review our decision. However, we think it would be clearer if we set out in our rules when we can reconsider our decisions.
- Temporary Orders
We also want to limit the length of some temporary suspensions and conditions we place on workers’ registrations while we investigate serious cases.
Normally, these last for no more than two years. However, if the police is investigating we usually pause our own investigation during that period. The two year maximum does not apply if this has happened. We think we should place a maximum limit in these cases of two years after the criminal process ends.
- Health concerns
When workers with health concerns don’t cooperate with our investigations, we can’t access the necessary health records. Our rules let us refer these workers to a panel so we can seek a special type of removal order.
We think it’s right to keep this as an option. However, we think that some changes are needed to make the process fairer. We want to make it clearer when panels can impose a sanction in these cases. Panels should have the option to suspend the worker’s registration for a set time instead of removing them from the Register.
We also want to make it easier to impose temporary orders in these types of case, as we think this might sometimes be appropriate.
- Hearings
Finally, we want to look at workers who are not fit to take part in our hearings. We want to clearly define when this will be the case to help everyone connected with a hearing.
Where workers’ applications for registration or restoration are refused due to them being unfit to plead, we think they should be able to reapply without waiting the usual two-year period.
Tell us what you think
The Fitness to Practise Rules consultation runs until 5pm on 26 January 2026.
We’re keen to hear from people working in social work, social care and children and young people services and anyone else with an interest in our investigations.
Respond on the Fitness to Practise Rules Consultation page.