Hearings

• The Panel. This includes the legally qualified chair (a qualified solicitor or advocate and the person who will lead the hearing), a social service member and a lay member. The social service member will have experience of working in a similar role to the worker and will be registered with us. 

• The clerk. The clerk is responsible for managing the hearing.  

• The presenter. A solicitor who presents the case for the SSSC.  

The clerk who manages the hearing will let you know who will attend your hearing.  

The following people may also be at the hearing. 

• The worker, who is entitled to attend and may be represented. 

• A representative. This can be a solicitor, an advocate, or a representative from the worker’s trade union or other professional body.  

• A supporter. 

• Witnesses may attend to give evidence on behalf of the SSSC or the worker. 

• The media. 

We normally hold hearings about Applications and Temporary Orders in private. Impairment Hearings are normally heard in public and upcoming hearings are listed on our website. However, all or part of the hearing may be held in private where it relates to a worker’s health or if there are vulnerable witnesses.  

The media read our website and may report on hearings and decisions we publish. 

Depending on the type of hearing you are being asked to attend, you will find more information in the following factsheets. 

• Factsheet 6 – Fitness to Practise Temporary Order Hearings 
• Factsheet 7 – Fitness to Practise Impairment Hearings 
• Factsheet 8 – Fitness to Practise Application Hearings 

A Case Managment Meeting is held before an application or impairment hearing to help make sure the SSSC and the worker are fully prepared for the hearing. The legal adviser and legally qualified chair will also take part. The clerk who manages the hearing will let you know who will take part.   

This meeting is usually held by video call using Microsoft Teams. 

At the meeting decisions will be made about: 

• the date(s) of the hearing and any postponement/adjournment requests 

• how many days the hearing is likely to take 

• what witnesses are to be called, including expert witnesses, and whether any are vulnerable or need special arrangements to attend 

• matters relating to your health and any reports that might be necessary 

• any legal matters, which might include but is not limited to, whether the case should be heard in public, whether evidence is admissible and relevant, whether charges are competent or properly specified and whether the SSSC have the right to proceed with the case 

• any requests for specific information to be presented to the Panel 

• whether any facts on the case are agreed. 

See Rules 13 and 14 of the Combined Fitness to Practise Rules 2021 for more detailed information. 

Workers have the right to appeal to the Sheriff Court against certain decisions. Appeals must be made in writing to the court within 14 days of the decision being sent to you.     

We will send a copy of the decision to: 

• you (the worker) 

• your current or most recent employer or higher education institution 

• where relevant, the person who made the complaint. 

We update our online Register and our website in advance with details of Impairment Hearings and publish the full decision, unless the worker’s fitness to practise is found to be impaired due to health only. We also list workers who are subject to a current Temporary Order.     

Our function is to protect and enhance the safety and welfare of people who use social services and their carers. Publishing information about hearings and decisions: 

• allows those connected to cases but not formally notified and other stakeholders to attend hearings 

• reassures the public that complaints are fully considered and we can and do take action 

• educates the profession about impairment and fitness to practise 

• helps employers with recruitment decisions.  

For more information on what we publish and why, please see our Public Information Policy. 

We will add your name to the list on our Temporary Orders page. If you are subject to a Temporary Suspension Order, the status of your registration on our Register will show ‘temporarily suspended’. We will also write to your current or most recent employer. 

If we receive information about a worker’s conduct, professional practice or health which causes us a concern, we may refer the worker to a Fitness to Practise Panel hearing. At this hearing a Panel will hear from witnesses, consider evidence and make a decision.  

• The worker may attend. They may have someone representing them. Sometimes the worker does not attend and is not represented. 

• Fitness to Practise Panel. This includes a legally qualified chair (a qualified solicitor or advocate who leads the hearing), a social service member and a lay member. The social service member will have experience of working in a similar role to the worker and is registered with us. 

• A clerk. An SSSC employee who makes sure the hearing process runs smoothly. 

• A presenter. This is a solicitor employed by the SSSC to present the SSSC’s case to the Panel. 

• Other witnesses (if any). 

• Members of the public and the media (if the hearing is held in public). 

The chair of the Fitness to Practise Panel will explain what case is being heard and ask everyone to introduce themselves to you. We do not ask you to take an oath but we expect you to be honest when giving evidence. 

You will be asked questions as follows. 

• The presenter. The questions will be based on the statement you provided to us. You may also be shown documents, which can include your written statement and employer policies, and be asked to comment on them. 

• The worker or their representative, who may be a solicitor or advocate. Their questions may suggest that you are mistaken about the circumstances or that your evidence is not accurate. 

• The panel members. They can ask questions about anything they think is important. 

The last person to ask you questions will be the presenter who may ask more questions to make sure your evidence is clear. If you do not understand any of the questions, you can ask the person to repeat them. 

If the hearing is in person, the clerk will show you to the hearing room when it is time for you to give evidence. 

Witness evidence is very important in hearings. Without witness’s cooperation we might not be able to take action to protect the public or maintain public trust and confidence.  

Your attendance helps the Panel get a better understanding of the circumstances and gives them a chance to ask you questions. We appreciate witnesses giving up their time to attend our hearings and understand giving evidence may be difficult and worrying for you.  

If you are attending as a witness for the SSSC, the caseholder will discuss any concerns you may have with you. If you are attending as a witness for the worker, you can raise concerns with the worker or the SSSC clerk on the day.  

If you are a registered worker, we expect you to cooperate with our investigations and attend hearings as outlined in the SSSC Code of Practice for Social Service Workers. 

This depends on the purpose of the hearing. Hearings about a registered worker’s fitness to practise are usually public. This means members of the public and the media may attend. Sometimes the Panel may decide to hear all or part of the hearing in private, for example to protect a vulnerable witness or when they are discussing a worker’s health. 

Hearings about a worker’s application to be registered or to consider a Temporary Order are usually in private. 

Vulnerable witnesses, people who use services and some third parties remain anonymous throughout the hearing to protect their identity. We do not use their full names during the hearing or release them to the public or media. 

All other witness’ names are used during the hearing. If you are concerned about your name or your evidence being made public, you can speak to us before the hearing. 

We do not invite the media to attend hearings. If they do attend, we can’t control or influence what they say in any of their reports. The media may use your name and quote something you have said during your evidence in a public hearing. 

The length of a hearing varies from case to case. If the hearing lasts for several days, you are unlikely to be asked to attend every day.  

The caseholder will confirm the exact date and time you are required to attend. We will try to make sure that you give all your evidence on the day we have asked you to come. Sometimes this is not possible and we may ask you to attend on another day to complete your evidence. 

Sometimes you’ll need to wait until the panel is ready to hear your evidence, for example if it takes longer than expected to hear from other witnesses. This means you might not give evidence at the exact time you’ve been asked to be available.

We hold most of our hearings online using Microsoft Teams. We also have hearing rooms at our offices in Dundee for in person hearings. They usually take place between 10am and 5pm. 

If you are attending in person you should report to reception explaining you are a witness at a hearing. You will then be shown to a witness waiting area. It is important that you do not discuss your evidence with any other witnesses while you are waiting. 

If you don’t tell us of any dates you can’t attend, we will assume that you can attend on the dates proposed. 

If at any time you can’t attend, or have any concerns about attending, please speak to the caseholder, if attending as a witness for the SSSC, or the worker, if attending as a witness for the worker as early as possible. We may ask for confirmation if you are ill or on holiday.  

Telling us as early as possible means the caseholder or worker can consider alternative arrangements or ask for an adjournment. 

If you feel unwell or are delayed on the day of the hearing, you should contact us as soon as possible. 

In some cases, you may be asked to leave the hearing during your evidence. If this happens, please don’t worry, it is not because you have done anything wrong but because the Panel needs to discuss something before proceeding. 

If the hearing is being held in person, the clerk will tell you where to wait. It is important that you don’t discuss your evidence with anyone else while you are waiting. The clerk will let you know when the Panel is ready to continue with hearing your evidence. 

When you have finished giving evidence at an online hearing, you may stay on the call (if the hearing is public) or you may leave. If the hearing is in person, you may stay in the hearing room or leave.  

We can’t give specific feedback on the case or your role as a witness until the hearing has finished. If it is an Impairment Hearing, the decision will be available on our website 14 days after the hearing. We do not publish decisions from application and Temporary Order hearings. 

If you need to speak with the presenter before leaving, you should advise the clerk. When there is a break in the hearing, the presenter will speak to you although this won’t happen immediately if the hearing is ongoing. 

You can bring someone to support you while you wait to give evidence. This cannot be the worker or another witness in the case. It is important that you do not discuss your evidence with any other person while you are waiting to give evidence. 

The supporter may be able to sit in the hearing but sometimes the Panel may decide to hear all or part of a hearing in private. This might include your evidence and if so, the supporter may be asked to leave. The supporter can’t speak during the hearing. 

If you are a vulnerable witness and you have any concerns about attending a hearing, please speak to the caseholder or worker who has invited you to attend as soon as possible. Your circumstances can then be discussed and special measures to help you considered. Please note that it is only in very limited circumstances that a witness can give evidence anonymously.  

You can read a definition of a vulnerable witness on pages 31 and 32 of the Combined Fitness to Practise Rules 2021. 

If you have a disability, please contact us to discuss any arrangements we can make to help you.  

If you are asked to attend an in person hearing, we will arrange travel for you or reimburse your travel expenses in line with our subsistence policy. You should use public transport where possible and submit receipts.  

If you need overnight accommodation, please let us know as soon as possible. 

We cannot reimburse you for any loss of earnings.  

Most Impairment Hearings are held online however some may be held in person at our offices in Dundee. The Chair of the Panel will decide if the hearing will be in person or online at the Case Management Meeting which is held in advance of the hearing.  

If there is a hearing you would like to observe please contact us to find out if it is being held online or in person. 

Impairment Hearings are normally held in public, but they may be held in private where the allegations relate to the registrant’s health or to protect vulnerable witnesses or people who use services. The Chair will decide if the hearing will be in private at the Case Management Meeting. 

Fitness to Practise Panel Impairment Hearings and their outcomes are published on our website.  

We publish hearings on our website seven working days before the hearing is due to take place. The media will not be notified of the hearings in any other way. 

Media interested in attending a hearing should contact [email protected]. 

The media or public cannot attend hearings held in private. Hearings may be held in private where the allegations relate to the registrant’s health or to protect vulnerable witnesses.  

Temporary Order Hearings 

Hearings about Temporary Orders (temporary suspension and temporary conditions) are held in private and there is no advance publicity. We publish Temporary Orders imposed on our website shortly after the hearing and remove them when it is no longer in effect. 

Members of the media attending an online hearing must:  

• sign the Protocol for Observers 

• provide a telephone number and the Hearings Officer will call you to allow access to the hearing 

• abide by the rules set down by the Chair of the Fitness to Practise Panel, for example, if the Chair decides that part of the hearing should be held in private this should be respected 

• not interject or engage in discussion during the hearing. 

No recording of any part of the hearing is permitted. 

Members of the media attending an in person hearing must:  

• sign the Protocol for Observers 

• arrive at our reception 15 minutes before the start of the hearing 

• sign in at reception in Compass House 

• abide by the rules set down by the Chair of the Fitness to Practise Panel, for example, if the Chair decides that part of the hearing should be held in private this should be respected 

• not interject or engage in discussion during a hearing. 

No photography or recording is allowed on SSSC premises. Members of the media will not be able to interview those taking part in the hearing on our premises. Any interviews arranged are at the discretion of the parties involved. 

The result of a hearing will be posted on our website within 14 working days of the decision. Media will not be informed any other way. 

The registrant has the right of appeal to the Sheriff Court. All the information we can provide will be posted on our website only.  

We will be happy to assist with any other media enquiries by email to [email protected].  

Our Public Information Policy has more information about how we communicate information about hearings and decisions on our website.