MAIN HEADER GOES HERE SOSCN: SSSC Updates Bullets and body text here. • Laura Wylie, SSSC Fitness to Practise Manager (Intake & Engagement)
¡ ¡ ¡ FITNESS TO PRACTISE MODEL NEW THRESHOLDS NEW CODES OF PRACTICE SAFER RECRUITMENT GUIDANCE ¡ ¡ ¡ ¡
What does it mean? The fitness to practise process considers if a worker’s fitness to • practise is impaired. The focus is on current suitability • A workers fitness to practise may be impaired as a result of: • Ø conduct (including a criminal sanction or regulatory finding) Ø deficient professional practice (competence) or Ø a health condition which has an adverse effect on their ability to do their job safely and effectively Particular regard to the standards set out in the Codes of • Practice
New Thresholds You will deal with situations about the conduct, professional • practice and health of registered workers that despite breaching the Codes of Practice will fall below our thresholds They may result in a warning, training, increased supervision, • performance management and in some cases dismissal. These cases may have been referred to us under our previous misconduct model, but since 1 November 2016 should not be referred.
Conduct Conduct is about how a worker has behaved • Misconduct means ‘behaviour (whether by act or omission) • which does not meet the standards set out in the Codes and includes a breach of a condition agreed with or imposed by a regulatory body and behaviour which has led to a criminal sanction.’
Conduct- what to refer? What? • Worker has been suspended, dismissed, demoted (unless • behaviour is in thresholds list B). Worker resigns during a disciplinary investigation where the • employer would have considered dismissal (unless the behaviour is in thresholds list B). Anything you would refer to Disclosure Scotland. • Worker has been charged or convicted of a criminal offence. • In any other circumstances where you are concerned that the • behaviour or actions of a worker raises a serious concern about their fitness to practise ( including all behaviour in thresholds list A) . •
What to refer- Registered workers? List A: Behaviours that are likely to call into a question a worker’s fitness to practise and that should be referred to the SSSC (regardless of the outcome of any disciplinary/ performance/criminal process): Dishonesty , fraud, abuse of trust • Exploitation of a vulnerable person • Failure to respect service user’s rights and choices • Health which is not being managed and affects service user safety • Hiding mistakes/blocking investigation • Improper relationship with a servicer user • Reckless or deliberately harmful acts • Serious or persistent failure to meet standards • Sexual misconduct or indecency (including child pornography) • Substance abuse or misuse • Violence or displayed threatening behaviour • Other serious activities which affect public confidence •
What should you not to refer? List B: Lateness, poor time-keeping or abandoning post unless it has a • direct impact on service users Personality conflicts provided there is no evidence of bullying or • harassment Sickness or other absence provided there is no impairment of • fitness to practise and the registrant is managing his or her health Misuse of social media where it does not relate to the worker’s • practice or display discriminatory views Smoking tobacco contrary to an employer’s policy • Misuse of work property for personal use • Minor student plagiarism • Removal from course for academic reasons • Fixed penalty notices unless service users involved • Minor, administrative, medication failings •
Professional Practice (Competence) What? Before making a referral we would expect you to we would expect you to • have completed your internal capability processes and procedures before making a referral to us. When? You have suspended or dismissed a worker on grounds of capability due to • competence. The concerns cannot adequately be dealt with under your own procedures • or the situation deteriorates and there are fitness to practise or safety issues. A worker resigns and you would have a concern that the worker’s fitness • to practise would be impaired due to a deficiency in their professional practice if they started employment elsewhere. You have not or cannot take any of these steps but in your view the • worker’s fitness to practise is impaired due to a deficiency in their professional practice.
Health Many people living with a health condition are able to practice safely and effectively with or without adjustments. We would expect workers to manage health conditions by: being open and honest with their employer about their • condition and any limitations they may have complying with any recommended steps to manage the • condition. Employers remain responsible for meeting their duty of care to their worker and people who use services. You should not refer to the SSSC until you have concluded your normal employment procedures unless you believe the worker presents an immediate risk, including to themselves .
Health We do not expect employers to make a medical assessment but • you should tell us if you believe a worker’s fitness to practise may be affected by their health. We will then make a decision about whether or not to take action . Examples of certain health conditions that might mean fitness to • practise is impaired are listed below (this is not a complete list). Periods of unconsciousness or blackouts. • Serious memory loss. • Inability to control anger or other emotions. • Reduced ability to make decisions. • Inability to carry out certain physical tasks. • Lack of self-awareness and impact of behaviour on others. • Alcohol and substance addiction. • A serious communicable disease. •
Health A worker may be signed off as “ unfit for work” due to ill health • but this does not necessarily mean their fitness to practise is impaired . Cases of ill-health are likely to be better managed with the support of an employer to safely reduce any risk to public who use services and not require regulatory investigation where the worker: – has demonstrated good insight into the extent and effect of their condition – is taking appropriate steps to access treatment and following advice from their treating health professionals – is receiving support from Occupational Health through the employer – is managing his or her practice appropriately, for example by taking sick leave. Long term untreated (or unsuccessfully treated) or • unacknowledged physical or mental health conditions will be of particular concern if they suggest a risk to public protection.
When to refer? When? • Immediately if the: behaviour is serious • worker is suspended • worker resigns and dismissal was likely outcome • worker is charged with a criminal offence. • Otherwise, let us know at the end of your disciplinary/ performance/capability process
Non- registered workers If a worker is not registered you must tell us if: • you dismiss a worker on the grounds of misconduct or capability • due to competence or health a worker resigns and, had they not done so, you would have • either considered dismissing them or would have dismissed them for misconduct, competence or health reasons a worker abandons their job and, had they not done so, you would • have either considered dismissing them or would have dismissed them for misconduct, competence or health reasons. You should notify us when your own disciplinary process • concludes.
New Codes of Practice
Key changes Greater focus on values and attitudes • Updated to reflect the many changes to social service policy and • practice Includes changes to how we regulate, with reference throughout • to our new fitness to practise approach and the new expectations of employers and workers Now written in the first person to make the codes more • meaningful and help workers to understand they are personally responsible for the standard of their practice. Strengthened focus on reporting harm or abuse, and following • safer recruitment guidelines.
New employer codes 2.3 - Having systems in place to listen to and consider feedback • from people who use services and their carers and other key people in order to shape and improve service provision and worker performance 2.5 : Having systems in place to enable workers to whistleblow • when they feel working practices are for any reason inappropriate or unsafe 2.7 : where you employ workers from other professionals, • supporting them to meet their own professional codes 3.5 : Providing effective, regular supervision to social service • workers to enable them to develop and improve through reflective practice
New employer codes (cont) 4.3 : Dealing with reports and allegations from social service • workers promptly, effectively and openly 4.8 : Ensuring that where care has or may have caused physical, • emotional, financial or material harm or loss, this is reported openly and honestly to the appropriate authorities 5.6 : cooperating with SSSC investigations, including providing • documents, attending hearings and responding appropriately to the findings and decisions of the SSSC 5.7 : Enable and support workers to cooperate with the SSSC • investigations, for example, to provide witness statements, documents or other information and where appropriate to attend hearings
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